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Employment Environment Claims

Employment environment claims are laws that prohibit harassment in the workplace. All laws enforced by the EEOC prohibit workplace harassment that is based on a protected characteristic. The protected characteristics covered by the laws the EEOC enforces cover the following:

  • race
  • religion
  • sex, including sexual orientation, gender identity, pregnancy and related medical conditions
  • disability
  • color
  • national origin
  • age (40+)
  • genetic information, such as family medical history

If you think you have been subject to discrimination in the workplace, then you can reach out to our investigative team and we can help you get to the bottom of it.

When Workplace Harassment Violates the Law

For harassment to violate the law, it must be based on an aforementioned legally protected characteristic. Being rude, teasing, or mistreating somebody because of a personality conflict, without connection to a protected characteristic, does not violate any laws enforced by the EEOC. Here are two ways in which harassment based on a protected characteristic elevates to a violation of the law:

  1. involves a change to the victim's employment, such as being fired, demoted, denied a promotion, reassigned, or receives less hours or pay due to the employee reject a sexual advance.
  2. creates a hostile work environment.

Examples of Harassing Conduct Based on Legally Protected Characteristics

Harassment can take many forms, which includes the following examples:

  • saying or writing an ethnic, racial or sex-based slur.
  • mimicking a person's disability.
  • sharing pornography or sexually demeaning depictions of people.
  • displaying offensive material, such as a swastika, noose, or other hate symbol. Offensive material also includes photographs, cartoons, or graffiti.
  • threatening or intimidating a person due to their religious beliefs or lack of religious beliefs.
  • groping, touching, or physically assaulting someone.
  • making sexualized gestures or comments, even if the behavior is not motivated by a desire to have sex with the victim.
  • threatening a person's job or offering a preferential treatment in exchange for sexual favors.
  • forwarding an offensive or derogatory "joke" email.
  • making fun of a person's religious garments, jewelry, or displays.
  • asking intrusive questions about a person's sexual orientation, gender identity, intimate body parts, or gender transition.
  • mocking a person's accent.
  • making comments based on stereotypes about older workers.

If you have experienced any of these examples, or tangentially related experiences, then you may be in line for an employment environment claim.

What is a Hostile Work Environment?

A hostile work environment exists when harassment is so severe or frequent that a reasonable person in the employee's position would find the situation to be too abusive to continue. When a claim comes it, it is reviewed on a case-by-case basis and take into consideration all of the circumstances of the situation. Here are some of the general guidelines to consider when it comes to a hostile work environment.

  • A victim does not need to show that harassment was both severe and frequent. Simply needs to show one or the other. Sometimes, the more severe the harassment, the less frequent it must be and vice versa.
  • One instance of very serious misconduct may be severe enough to file a claim.
  • The victim does not need to show that the harassment led to a change in employment. Similarly, the complainant does not need to show that the harassment made them perform worse.
  • The harasser's status at the employing organization can be important. Everyone is subject to these laws. Harassment by the company's owner or the victim's supervisor can sometimes carry more weight than similar behavior by a coworker or customer.

Employment Environment Claims Investigators

Contact Us Today

Investigative Resource Center specializes in a variety of investigative endeavors, which includes employment environment claims, or EEOC. These are claims that protect an individual and employee from discrimination. If you believe you are the subject of a discrimination claim, then please reach out to us today. Get an investigator on the case today!

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When you reach out to us, we can discuss what you need and help you get to the bottom of your claim. We are located in Somerset, New Jersey and serve clients in New York, New Jersey, and Pennsylvania, as well as nationwide. So if you have believe you have been discriminated against, then please get in touch with us today. We can help you with the claim.

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