Harassment, Hostile Work Environment

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.

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 2) 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 an Experienced New Hampshire Harassment Attorney

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 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. Please call us for a free and confidential consultation at 1-800-240-1988 or complete our contact form online.

Additional Resources for New Hampshire Harassment

U.S. Equal Employment Opportunity Commission
NH Commission for Human Rights
NH Department of Employment Security
NH Department of Labor
National Employment Lawyers Association
NH Supreme Court Decision Wrongful Discharge by Justice Charles Douglas

Frequently Asked Questions

Harassment

What Is Sexual Harassment?

Sexual Harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, and any verbal or physical conduct of a sexual nature that affects your employment, which is severe or pervasive.

Posted in FAQ Categories:
Harassment
Sexual Harassment

What Are Some Examples of a Sexual Hostile Environment?

NH Sexual Hostile Environment – Leering, i.e., staring in a sexually suggestive manner

Making offensive remarks about looks, clothing, body parts

Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body

Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc.

Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images

 

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Harassment
Sexual Harassment

What Is Workplace Harassment?

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.).

 

Posted in FAQ Categories:
Harassment
Sexual Harassment

What Is A Hostile Work Environment?

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.

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Harassment
Sexual Harassment

What is a Tangible Employment Action?

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.

Posted in FAQ Categories:
Harassment
Sexual Harassment

Do I Have a Claim for Harassment?

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.

 

Posted in FAQ Categories:
Harassment
Sexual Harassment

What is Considered Not Harassment?

The anti-discrimination statute are 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.

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Harassment
Sexual Harassment

What Are Some Examples of Non-Sexual Harassment, Hostile Work Environment?

These may include:

Use of racially derogatory words, phrases, 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

 

Posted in FAQ Categories:
Harassment
Sexual Harassment

Why Should I Choose Douglas, Leonard & Garvey As My Employment Lawyer?

employment lawyerDouglas, Leonard & Garvey, P.C. – Employers and their insurance companies have experienced lawyers on their side. With our employment lawyers on your side, we level the playing field. While some employment cases settle without filing a lawsuit, you need a skilled and aggressive employment lawyer so you get fair compensation. Douglas, Leonard & Garvey has the reputation and experience of being a trial law firm. What makes our law firm different is that employers and insurance companies know that we will take a case to trial if they do not offer fair compensation. If you have an inexperienced lawyer that isn’t used to going to court, you won’t have that leverage on your side. It is that leverage or the threat of taking a case to trial that gives you an advantage in your case.

New Hampshire Employment Lawyer

The attorneys at Douglas, Leonard & Garvey have years of trial experience in handling employment cases. Choosing the right lawyer may mean the difference between success and failure.  Call 1-800-240-1988 or fill out our online contact form.

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Harassment
Sexual Harassment

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