Hostile Work Environment

Hostile Work Environment Attorney

Standing Up for Employees throughout New Jersey

The average person spends at least half of their waking hours at work. If you are mistreated in the workplace because of a protected trait, your job can become unbearable, even unsafe in extreme situations.

At The Law Firm of Morgan Rooks, P.C., our team fights for employees in New Jersey and Pennsylvania who are subjected to a hostile work environment.

If you believe you are forced to endure a hostile workplace, schedule a free consultation with a member of our legal team. Reach out online or call (856) 746-6332.

What Is a Hostile Work Environment?

Many employees make complaints about a “hostile work environment.” When it comes to legal rights, it’s important to distinguish between the dictionary definition of “hostile” and the legal definition of “hostile.”

For a work environment to be hostile under the law, the hostility must be based on a protected trait or characteristic. Co-workers or supervisors who are rude to everyone, regardless of their protected traits, are not in violation of the law. If your manager or supervisor yells and screams or goes on rants and tirades, that conduct is not actionable unless it implicates the protected traits of the employee or the employee’s co-workers.

Protected traits (also known as protected characteristics) include, but are not limited to, the following:

The list of protected traits varies by state. Protected traits that are identified under federal law usually provides a baseline, but states have the authority to protect additional traits or characteristics from discriminatory actions. For example, the New Jersey Law Against Discrimination encompasses relationship status (including marital, domestic partnership, or civil union status) and sexual orientation as protected traits.

Harassment Creates Hostile Environment

Workplace harassment is synonymous with a hostile work environment. Harassment is unwelcome conduct that is based on a protected trait. To be actionable under the law, an employee must be subjected to a hostile work environment or harassment that is based on a protected trait.

The conduct which is complained of must be either sufficiently severe or pervasive such that it alters the conditions of employment.

Not every comment or stray remark creates a hostile work environment under the law. To be actionable, a reasonable person standing in the shoes of the harassed employee would have also feel that the conduct was severe or pervasive to the point that the terms and conditions of the person’s employment were detrimentally altered.

Even Untargeted Employees Can Be Affected by a Hostile Work Environment in New Jersey

The person complaining of a hostile work environment does not have to be the target of discriminatory or harassing conduct that is based on a protected trait. Any employee who is affected by offensive conduct that is based on a protected trait can make a claim for a hostile work environment. For example, if your supervisor makes frequent negative comments about lesbians, you do not have to be a lesbian to find the workplace hostile based on those frequent comments.

A Hostile Work Environment Affects Job Performance, Well-Being

The impact of a hostile work environment is pervasive. The prohibited conduct can detract from employees’ job performance, discourage employees from remaining on the job, or prevent employees from advancing in their careers.

The damage goes beyond one’s employment. Workplace harassment can also reduce an employee’s psychological well-being.

To determine whether a work environment is "hostile,” the following nonexclusive factors are considered:

  • The frequency of the conduct that is directed at a protected trait
  • The severity of the conduct that is directed at a protected trait
  • Whether the conduct is physically threatening or humiliating
  • Whether the conduct unreasonably interferes with an employee’s work performance
  • Whether the harasser has power over the person being harassed (e.g., whether the harasser is a supervisor or manager)

Prohibited Behavior Leads to a Hostile Workplace

The actions and words of colleagues, supervisors, managers, and others at work can contribute to creating and fostering a hostile workplace.

Examples of conduct that could create a hostile work environment include, but are not limited to the following:

  • Repeated comments about a protected trait or characteristic (e.g., disability, race, gender, religion, sexual orientation, national origin)
  • Repeated jokes about a protected trait or characteristic
  • Sending offensive messages, images, memes, or pictures through text messages and email pertaining to a protected trait or characteristic
  • Sexually explicit banter or conversation in the workplace
  • Pornography in the workplace
  • Giving employees nicknames that offend or implicate a protected trait or characteristic
  • Unwelcome sexual advances

If you are impacted by prohibited conduct, talk to a member of our experienced legal team at The Law Firm of Morgan Rooks, P.C. We can discuss whether your case qualifies for a legal claim. Reach us onlineor call (856) 746-6332.

Protect Your Rights Against a Hostile Work Environment in New Jersey

Our law firm focuses on defending the rights of employees in New Jersey and Pennsylvania.

If you regularly experience a hostile work environment or workplace harassment that has become a condition of your continued employment, contact The Law Firm of Morgan Rooks, P.C.

If you experience conduct based on a protected trait in the workplace that is severe or pervasive enough such that a reasonable person would consider it to be intimidating, hostile, or abusive, you should speak to the experienced employment attorneys at The Law Firm of Morgan Rooks, P.C.

Call (856) 746-6332 to speak to us about your workplace claim. Your consultation is free.




Upholding and Protecting Our Clients’ Rights

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