workplace harassment be part of a pattern of discrimination
Workplace harassment has been linked to a variety of negative outcomes, including poor psychological and physical health, unhealthy workplace behaviors, and even job loss. Harassment can also interfere with an individual’s family life. Fortunately, under New York law, an employee who has been harassed may file a complaint with the state’s human rights commission (NYS DHR) or with the federal Equal Employment Opportunity Commission (EEOC).
Harassment that violates one of the protected classes must be severe enough to create an objectively hostile work environment. The specific characteristics that trigger an objectively hostile environment are racial or ethnic origin, sexual orientation, age, religion, and disability.
Using slurs against certain groups of people; making derogatory comments about a particular group of people; using a slur when referring to an entire country or culture; threatening a person based on their status as a member of a protected class; or derogatory jokes about a particular class.
Sexual workplace harassment lawyer, defined as unwanted sexual advances, unwelcome verbal or physical conduct of a sexual nature, or offensive remarks about a person’s sexual orientation, can include sexual assault, rape, stalking, indecent exposure, or sexually suggestive language or images. Discrimination can be subtle and occur in the form of “disparate impact,” which is when a company’s policy or practice treats protected groups differently but does not single out any particular group for different treatment.
Can workplace harassment be part of a pattern of discrimination?
The specific characteristics that trigger an objectively hostile work environment are gender, sex, or religion. Examples of this type of harassment include:
Aiko, a female construction worker, is subjected to sex-based workplace harassment help from her supervisor. The supervisor uses sex-based epithets, disparages women’s involvement in road construction, and repeatedly describes the job as a man’s job.
Harassment that violates religious freedom can include the use of derogatory remarks about a particular religion or belief, as well as the denial of a reasonable accommodation that would allow an individual to participate in their religion. Harpreet is an observant Sikh, and his faith requires him to keep his beard at all times. As an EMT, he is required to wear a tight-fitting respirator that cannot be worn with a beard. His employer grants a religious accommodation and allows him to wear a loose-fitting powered air purifying respirator.
An employee experiencing discrimination or harassment must report it to their manager, if possible, as soon as they become aware of the issue. In some cases, the conduct is so severe that it constitutes a hostile work environment immediately. In other instances, the behavior may seem minor and only happen once or twice. However, under the circumstances, the second scenario could be considered unlawful harassment because it includes a reference to a protected class (national origin) and is not just a simple personal dislike. The third scenario is not unlawful because it does not refer to a protected class and isn’t done frequently or on a regular basis. In both instances, the harassing behavior would be less severe if it did not take place by someone in a supervisory position.