Hostile Work Environment

There are myriad behaviors that fall under the umbrella of gender discrimination. For example, a person’s employment may suffer due to his or her gender by way of a demotion or denial of a promotion. In other instances, derogatory comments or threatening behavior based on a person’s gender may create a hostile work environment. Although in some cases, a person may be subject to gender discrimination and may experience a hostile work environment, individual acts of discrimination do not necessarily equate to a hostile work environment, as demonstrated in a recent case decided by the United States District Court for the Southern District of New York. If you suffered discrimination in the workplace due to your gender, it is wise to speak with an experienced New York employment discrimination attorney regarding your potential claims.

Factual Background

Allegedly, the plaintiff worked for the defendant for 34 years. At one point, she held the position of a supervisor of customer services, but her position was modified due to the fact that there were not enough employees to warrant a supervisor. She was advised, however, that if the position were reinstated, she would be restored to that position. Subsequently, in 2015 the plaintiff applied for the position of supervisor of customer services. No interviews were conducted for the position, which was given to a man who never applied for the position. The man then left the position, and the plaintiff once again applied for the position.

It is reported that the plaintiff’s supervisor gave the position to someone outside of the protected class a second time, after which the plaintiff filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). After the plaintiff filed the EEOC complaint, she allegedly experienced a hostile work environment. Ultimately, the plaintiff filed a lawsuit against the defendant alleging claims of discrimination and hostile work environment in violation of Title VII. The defendant then filed a motion to dismiss the hostile work environment claims.

Under the laws of the State and New York City, people are protected from discrimination based on their religion. Thus, if a person is discriminated against in the workplace due to his or her religious identity, and it creates a hostile work environment, the person’s employer may be held liable. The mere identification as a member of a certain religion is insufficient to sustain a hostile work environment claim, however. Rather, a plaintiff alleging a hostile work environment on the basis of religious discrimination must show that the alleged discriminatory conduct rose to a certain level for the conduct to be actionable.

Recently, a New York appellate court discussed a plaintiff’s burden of proof in a hostile work environment case under both the New York State (NYSHRL) and the New York City Human Rights Law (NYCHRL), in a case in which the plaintiff alleged discrimination on the basis of his religion. If you believe you were the victim of a hostile work environment, it is wise to speak with a trusted New York hostile work environment attorney to discuss whether you may have a viable claim against your employer.

Factual Background of the Case

It is alleged that the plaintiff, who is Jewish, was employed as a firefighter by the defendant city. He filed a complaint with the equal employment office of the defendant, alleging discrimination on the basis of his religion, but the office determined his complaints to be unsubstantiated. He then filed a lawsuit against the defendant, alleging employment discrimination and hostile work environment claims on the basis of his religion in violation of the NYSHRL and NYCHRL. Specifically, he alleged that one of his co-workers made an anti-Semitic comment and that after he complained about the comment, he was subject to several instances of retaliation, which created a hostile work environment. The defendant filed a motion for summary judgment, which the court granted. The plaintiff then appealed.

Articles Posted in Hostile Work Environment

New York Court Discusses Elements of a Hostile Work Environment Claim

Court Discusses Hostile Work Environment Claims Under New York Law