Monday, October 1, 2012

What constitutes a hostile work environment in New York state


What constitutes a hostile work environment in New York state?
More specifically, what kinds of emotional abuse can constitute a hostile work enviornment. If a supervisor frequently humiliates a worker in front of others, asks personal questions, implies they think the employee is stupid, goes into rages, glares at an employee, etc., can that be considered a hostile work environment?
Law & Ethics - 2 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Yes. Bullying of any type is consider hostile. A supervisor doesn't have to be the bully, but beware: many times the lower ranked employee is cheaper to replace than higher ranked, and most usually, the higher ranked employee gets the benefit for economic reasons. Whatever you do, choose your words and actions carefully.
2 :
Hostile work environment must be based on one of the prohibited factors, meaning race, religion, national origin, gender (sexual harassment), color, ethnicity. Under case law usually an isolated incident will not give rise to a cause of action for hostile work conditions, unless it was very egregious. Like a racial slur or something physical. However, most cases of hostile environment is based on pervasive conduct; insulting remarks, but it has been going on for a long time. Months, for instance. Comments or implication like you are stupid, stated overtime, in front of others may be grounds for hostile work conditions. The person causing the hostile work conditions does not have to be a superior, but that helps. It can be a co-worker, but in that case you have to notify the boss first, unless he knew or should have known; before you should sue, otherwise they will have a defense. If you are a victim of hostile work conditions, call your local EEOC (A federal agency which deals with workplace violations, they are very good/Equal Employment Opportunity Comission). They also have state agencies, addressing the same thing. It will not cost you anything and they will investigate, if you win you collect damages.