philadelphia Hostile Work Environment law firm serving pennsylvania and new jersey
No one should be subjected to harassment in the workplace to the point that they feel uncomfortable, scared, or offended on a regular basis. A hostile work environment is detrimental to both the employee being harassed and the business itself. A number of federal and state laws prohibit harassment that creates a hostile work environment.
If you believe that you are dealing with harassment in the workplace that has created a hostile work environment, it is vital to contact an employment attorney who can determine your rights and remedies.
The Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (Title VII) is a federal law that prohibits harassment based on race, color, religion, sex (including pregnancy), and national origin. Title VII applies to employers who employ 15 or more employees.
Title VII prohibits harassment that rises to the level of creating a hostile work environment. In general, a reasonable/average person must find the harassing conduct to be so unwelcome or offensive that he/she would feel uncomfortable, scared, or intimidated in his/her workplace. Concurrently, the person bringing the claim must actually find the harassing conduct to be so unwelcome or offensive that he/she feels uncomfortable, scared, or intimidated in his/her workplace. In addition, the harassing behavior generally must be continuous, rather than a one-time event, unless the one-time event is particularly severe. For example, a female employee who is continuously subjected to lewd comments and sexual advances by her supervisor to the point that she feels uncomfortable at work may be the victim of a hostile work environment. A determination of whether specific conduct has created a hostile work environment is made on a case-by-case basis.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that protects employees and applicants over the age of 40 from age discrimination and harassment in the workplace. The ADEA applies to employers who employ 20 or more employees.
The ADEA offers another avenue to those over 40 to pursue a claim of harassment that rises to the level of creating a hostile work environment. As with Title VII, a reasonable/average person and the harassed person must find the harassing conduct to be so unwelcome or offensive that it creates a work environment where he/she feels uncomfortable, scared, or intimidated in his/her workplace.
The Americans with Disabilities Act
The Americans with Disabilities Act of 1990 (ADA) is a federal law designed to protect the rights of individuals with disabilities. The ADA applies to employers who employ 15 or more employees.
Under the ADA, an individual is “disabled” if he/she has a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or is regarded as having such an impairment. In certain circumstances, the ADA protects someone who has a relationship or association with a person with a disability.
The ADA prohibits harassment directed at a disabled employee when the harassment is focused on the disability and creates a hostile work environment. In order for the work environment to be to be considered a hostile work environment, a reasonable/average person and the harassed person must find the harassing conduct to be so unwelcome or offensive that it creates a work environment where he/she feels uncomfortable, scared, or intimidated in his/her workplace.
The Pennsylvania Human Relations Act
The Pennsylvania Human Relations Act (PHRA) is a state law that prohibits harassment of employees based on an employee’s race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, and use of guide or support animals. As with the other statutes discussed above, the PHRA only protects employees when the harassment results in a hostile work environment. The PHRA applies to employers who employ 4 or more employees.
New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (NJLAD) is a state law that prohibits harassment of employees based on an employee’s race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, perceived disability, and AIDS and HIV status. As with the other statutes discussed above, the NJLAD only protects employees when the harassment results in a hostile work environment. The NJLAD applies to employers of any size.
I have been discriminated against. What do I do?
There are strict deadlines for filing harassment claims that vary by the circumstances of your situation and the state in which you reside. In Pennsylvania, victims of harassment must first file through the Equal Employment Opportunity Commission (EEOC) and/or the Pennsylvania Human Relations Commission (PHRC) and receive a “Right to Sue” letter in order to file a lawsuit in court. In New Jersey, individuals may file a lawsuit in court without first filing with an agency.
If you have been a victim of illegal harassment in the workplace, contact employment lawyer Stephanie J. Mensing of Mensing Law LLC at (215) 586-3751. Ms. Mensing in an employment attorney with extensive experience handling harassment cases in the agencies and state and federal courts in Pennsylvania and New Jersey. Schedule a consultation today to ensure that your rights are protected.