Any form of discrimination in the workplace is illegal in New Jersey. Unfortunately, countless people suffer discrimination at work, and many fail to take action. There are different state and federal laws to protect employees from a hostile work environment. If you are subjected to an environment involving pervasive harassment, you have the right to take action. The first step is to seek legal advice from an expert, especially someone who understands employment law in NJ. In this post, we will discuss a hostile work environment in more detail.
What exactly is a hostile work environment?
As an employee, you have the right to a workplace or office that is free of harassment. If you are facing discrimination or have been subjected to unexpected behavior, you could be working in a hostile work environment. However, because you are the claimant, you have to prove three critical things –
- You were made to feel unwelcome or uncomfortable: If you are feeling uncomfortable at work because of someone’s unwelcome advances or behavior to the extent that it has affected your ability to do your job, it is a case of a hostile work environment.
- The situation is based on a protected characteristic: Unfortunately, federal and state laws don’t protect employees and workers from mistreatment in a generic way. If you want to bring a hostile work environment claim, you must have evidence to prove that the harassment is based on a legally protected characteristic, such as race, color, nationality, and gender. It could also be related to your pregnancy status, sexual orientation, or disability.
- The conduct is severe or pervasive: The conduct of the alleged harasser should be severe or pervasive to the extent that you are uncomfortable at work or cannot do your work. A simple example would be a colleague passing continuous and frequent remarks about your body. You must also understand that a hostile work environment claim doesn’t have to be against your employer – Anyone could be responsible for making you feel that way, including someone your junior.
Do you need an attorney?
Yes, hiring an attorney is critical before you file a hostile work environment claim, even though it is not legally mandatory. A competent employment lawyer can help you in numerous things, including –
- Understand your case and evaluate the facts: Just because someone passed a remark at work doesn’t mean you have a hostile work environment. Employment lawyers handle such cases and claims all the time and can give you a better assessment and clarity on the situation.
- Explain your rights and legal options: Your attorney will also check what you can do in the given circumstances. They will explain the New Jersey and federal laws that are meant to protect you in the situation and the various legal ways you can proceed further.
- Take legal action: Once the lawyer knows you have a strong hostile work environment claim, they will determine the ideal strategy for the case and take appropriate steps. They are responsible for representing you during the entire process unless you get justice.
Finding the right attorney
It is absolutely critical that you select the right employment attorney for your case. Ensure they have fought for clients with hostile work environment claims and work extensively for employees. You don’t want someone who has a conflict of interest. Another thing to consider is the lawyer’s ratings. You can check whether other clients have given positive reviews online. Also, when you go for the first meeting, ask questions about their work profile so far.
Don’t assume you are stuck in a hostile work environment. At the very least, consult a lawyer to know whether you can take legal action and protect yourself from harassment.
