When an employer permits or fails to act when faced with claims of behavior in the workplace that could feel menacing to some employees, this could be classified as a hostile work environment. A hostile work environment is not conducive to productivity, and often results in employees feeling that they are left with no option but to leave their position. In some circumstances of this nature, employees can seek legal recourse.
An employee at a medical clinic is suing her employer based on the hostile work environment she was made to work within. Reportedly, the employee’s supervisor was sexually harassing the employee by making unwanted sexual comments and massaging the employee’s neck in an unwelcomed manner. When the employee issued complaint with management, she was terminated. Accordingly, she sought legal advice and filed a lawsuit.
Unfortunately, this case is not a unique happening in New York or anywhere else across the country. While sexual harassment is illegal, many individuals and employers fail to grasp the gravity of permitting such harassment, and the damage that can result from allowing such misbehavior in the workplace. No employee should ever be subjected to such treatment.
The interesting aspect of the case is that this employee was able to demonstrate that this suit should go to trial based on evidence from just three days reporting to this harasser. In most instances, a court will look for a longer length of time to determine a work environment as hostile — anywhere from several weeks to years. However, this case shows that no employee should be subjected to sexual harassment for any length of time. If an employee feels that they have been harassed, retaliated against or subjected to a hostile work environment in New York, speaking with an experienced attorney can greatly increase the individual’s chances of recourse.
Source: Business Management Daily, “Court: Just 3 days of harassment can indeed create a hostile environment,” March 4, 2013