Hostile Work Environments In 2019 – Victims Speak Out

Every year, society continues to progress and make strides in civil rights and equal rights movements. While this feels especially true for a state as liberal and progressive as New York, some business still do not understand that all people need to be treated equally, even in this day and age. Just last year, Uber faced a federal discrimination investigation for gender discrimination policies and wage structures. While the company claims to have implemented diversity and leadership training, many are saying their efforts are not enough to do the harm that has been caused, like the software engineer who has claims that she suffered from racial discrimination, harassment, and pay inequality.

Everyone has the right to be free from work place hostility and discrimination. The first step is to understand how the law guarantees your protection.

 

UNDERSTANDING THE LAW: A MULTI-PRONGED TEST

A plaintiff’s claims for discrimination require the showing of a prima facie case. Under the law, a prima facie case refers to the elements that must be proven in order to maintain a cause of action.

To satisfy this burden, a plaintiff must prove that:

They were a member of a protected class;

They were qualified to hold the position or title;

They were terminated from employment or suffered some other adverse employment action; and

The termination or other adverse employment action occurred under circumstances giving rise to an inference of discrimination.

This is a multi-prong conjunctive test, meaning a plaintiff must prove all four parts in order to have a viable claim. A failure to prove any part of the test could result in the dismissal of the claim as a whole. This article examines each prong of the test separately below.

 

Member of a Protected Class

The Federal Equal Opportunity Commission has identified groups that have been historically discriminated by the law to be “protected classes”. Men and women both benefit from these federal protections. Protected classes include gender, race, religion, color, national origin, age, and mental handicap or physical infirmity.

 

Qualified to Hold the Position or Title

Having the requisite qualifications to hold the position or title refers to the minimum set of requirements a person must have to attain the role they are claiming they were discriminated from performing. While certain positions require specialized experience, like attorneys or doctors, other positions typically require an objective set of criteria, including educational background, years in the workforce, previous employment history, and licenses or certifications.

 

Terminated or Suffered Adverse Employment Action

There are a number of adverse employment actions that an individual can suffer, with termination being the final result.

Some of these actions include:

• Demotion
• Cutting hours
• Relocation
• Harassment
• Public reprimand
• Reassignment to undesirable role
• Loss of material benefits
• Failure to promote
• Suspension
• Forced leave without pay

 

Adverse Action Occurred Under Circumstances Giving Rise to an Inference of Discrimination

Under this final prong of the test, the adverse action taken against the employee had something to do with that employee belonging to a protected class. For instance, if a Jewish individual was harassed and eventually terminated after hearing supervisors making anti-Semitic comments, that could potentially give rise to the type of adverse employment action occurring under circumstances that give rise to an inference that discrimination was present.

Discrimination can be proven through evidence that the employee was subjected to a hostile work environment. To state a discrimination claim based upon a hostile work environment, the plaintiff must allege that the workplace was permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. How do courts determine whether the work environment was hostile? The courts examine a number of factors, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.

 

Employer Responses

In response to the showing of the above four categories of discrimination, an employer can rebut the plaintiff’s claim by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support its employment decision. For instance, an employer can claim that the adverse action was due to some non-discriminatory reason, such as poor work performance, excessive absences, or an employee’s inappropriate conduct at work. This is where most cases are litigated the heaviest.

 

The Case of Multi-National Corporation Thomson Reuters

Reuters is the most recent global corporation that is coming under fire for allegations of workplace hostility and misconduct. One of the corporate executives, Kyriakidou Contini, is accused of engaging in inappropriate, unsolicited physical contact, and the use of unprofessional language that subordinates have found grossly offensive. Reporters have become so fed up with the executive’s behavior that 15 reporters banded together to sign a protest memo against Mr. Contini. While the corporation is undertaking a thorough investigation of the allegations, it will be interesting to see what time of adverse action Mr. Contini faces when all is said and done. Many find it hard to believe that a company so well respected and profitable as Reuters could have such a problem in its midst.

 

CONTACT SHALOM LAW, PLLC- TO DISCUSS YOUR RIGHTS

No one should suffer from workplace harassment, intimidation, or termination because of their gender, race, color, or creed. That is not the American dream. So many people come to the United States in search of a better life, only to find themselves the subject of ridicule, scorn, and in the worst cases, persecution. Laws have been passed at both the State and Federal levels to protect the victims of discrimination. If you or someone you know has been the target of workplace discrimination or is the victim of a hostile work environment, contact Jonathan Shalom, Esq for a free initial consultation at (718) 971-9474 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

Everyone has a right to live a life that is free from discrimination.

 By Jonathan Shalom, Esq.

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Jonathan Shalom, Esq., a duly admitted attorney representing and counseling clients with all Employment and Healthcare law matters in New York State. Mr. Shalom may be contacted at 718-971-9474 for a free consultation.