What Is Workplace Harassment?
Unlawful harassment is a form of discrimination that violates state and federal laws.
Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation) constitutes harassment when:
1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or
2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).
What Is A Hostile Work Environment?
This occurs when unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment — a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.
What Are Some Examples of a Sexual Hostile Environment?
Examples of such actions may include:
Leering, i.e., staring in a sexually suggestive manner
Making offensive remarks about looks, clothing, body parts
Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body
Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc.
Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images
The Harassment, Hostile Environment I Suffered is not Sexual. What Are Some Examples of Non-Sexual Harassment, Hostile Work Environment?
These may include:
Use of racially derogatory words, phrases, epithets
Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group
Comments about an individual’s skin color or other racial/ethnic characteristics
Making disparaging remarks about an individual’s gender that are not sexual in nature
Negative comments about an employee’s religious beliefs (or lack of religious beliefs)
Expressing negative stereotypes regarding an employee’s birthplace or ancestry
Negative comments regarding an employee’s age when referring to employees 40 and over
Derogatory or intimidating references to an employee’s mental or physical impairment
What is a Tangible Employment Action?
Harassment that results in a tangible employment action occurs when a management official’s harassing conduct results in some significant change in an employee’s employment status (e.g., hiring, firing, promotion, failure to promote, demotion, formal discipline, such as suspension, undesirable reassignment, or a significant change in benefits, a compensation decision, or a work assignment). Only individuals with supervisory or managerial responsibility can commit this type of harassment.
Do I Have a Claim for Harassment?
A claim of harassment generally requires several elements, including:
1. The complaining party must be a member of a statutorily protected class;
2. S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;
3. The unwelcome conduct complained of was based on his or her membership in that protected class;
4. The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.
What is Not Harassment?
The anti-discrimination statute are not a general civility code. Thus, state and federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive to create a hostile work environment.
What Protections Do I Have if I File a Discrimination Charge?
It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful discrimination.
How Do I File a Charge of Discrimination?
Our Guide to Filing a Charge of Employment Discrimination will provide you some answers to starting the process of protecting your rights.
Do I Need to Hire an Employment Lawyer?
Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.
How Will My Employment Lawyer Get Paid?
Like most employment law cases, wrongful termination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.
Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Employment Lawyers?
Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees.
Our employment lawyers regularly represent clients at the EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.
Our guide, How to Choose an Employment Lawyer, provides answers to some questions you may have about hiring the right attorney for your case. Our Video Library may answer more of your questions.
