Hostile Work Environment Lawyers in New Hampshire
Paving the Way for Equality Since 1997
Unfortunately, retaliation still happens in New Hampshire. In the United States, approximately 32,500 complaints of harassment were filed for 2008 at the Equal Employment Opportunity Commission. If you’re a victim of a hostile work environment, you need a team of lawyers who will litigate aggressively on your behalf. Our New Hampshire hostile work environment lawyers fight tirelessly for our clients to seek justice and find relief.
What is Harassment?
Harassment is a form of employment discrimination that violates federal and state laws including but not limited to Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age. Harassment becomes unlawful where the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Employees are protected against harassment in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:
The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
Choose Our Professional Attorneys
If you have been victimized by harassment on the job or are in a hostile work environment, our harassment lawyers will fight to protect your rights. 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.
The attorneys at Douglas, Leonard & Garvey, P.C. have years of experience in representing victims of harassment. Many lawyers claim to have experience in harassment cases. It is important to choose a skilled and experienced harassment lawyer who frequently represents harassment victims. Our FAQ may answer more of your questions.
With our years of experience representing victims of harassment, we will get you through the legal process and fight for your rights.
Q:What is workplace harassment?
A: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.).
Q:What is a hostile work environment?
A: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.
Q:What is a tangible employment action?
A: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.
Q:Do I have a claim for harassment?
A: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.
Q:What is not considered harassment?
A:The anti-discrimination statute is 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.
Q:What are some examples of non-sexual harassment?
A:These may include: Use of racially derogatory words, phrases, or 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.