What Is Severe Or Pervasive Harassment

Oct 07, 2019

Your employer has a legal obligation to provide you with a safe workplace free of hostility and abuse. If you have been subjected to a hostile work environment because of harassment based on your membership in a protected class, you may be able to sue your employer.

However, proving such a claim is complicated because the plaintiff must prove not only that the harassment occurred, but that it was "severe or pervasive" enough to create a hostile work environment. This blog from the experienced employment attorneys at Green Savits, LLC explains how the severe or pervasive standard works and how courts apply it.

What Is Workplace Harassment?

Harassment is unwelcome conduct that is based on your membership in a protected class such as:

Race
Skin color
Religion
Gender
Sexual orientation
Age
Gender identity
Nationality

What Is A Hostile Work Environment?

Courts generally look at five factors when evaluating whether a work environment is actionably hostile. To show a hostile work environment during a lawsuit, the plaintiff must generally prove the following:

The discrimination was based on membership in a protected class;
The plaintiff was subject to harassment as a result of the discrimination;
The employer knew and did nothing or should have known about the harassment;
The harassment is severe, or;
The harassment is pervasive

Severe Or Pervasive Harassment

The final two steps of that test complicate it and are one of the most challenging hurdles that survivors of harassment face when pursuing a claim. In this context, those terms are defined as:

Severe: The offensiveness of single instances of harassment. Rape or other violent actions may be severe enough to sustain a claim after just a single incident.
Pervasive: The frequency with which harassment occurs during a period. Less serious conduct, such as racist jokes or sexual comments, can uphold a claim if they repeatedly happened over a long time.

The severe or pervasive standard complicates cases because there is no uniform rule governing how courts apply it. Some cases, such as Hostetler v. Quality Dining, Inc., found that sexual comments and unwanted touching are severe or pervasive enough to constitute a hostile work environment. Other cases, such as Brooks v. City of San Mateo, did not.

The potential for different courts and different judges to interpret the severe and pervasive standard differently magnifies the importance of hiring dedicated, experienced attorneys such as those at Green Savits, LLC. We can evaluate the facts of your harassment and help you determine if you have a claim. Then, we’ll fight forcefully for justice on your behalf and craft arguments to help show the court how your harassment was severe or pervasive.

Contact Our Florham Park Employment Lawyers Today

At Green Savits, LLC, we have an extensive history of representing employees and protecting them from harassment, hostile work environments, and discrimination. Our lawyers have decades of combined experience fighting for the rights of workers and whistleblowers. We serve Florham Park and surrounding areas of New Jersey. Call (973) 965-8571 today to schedule a consultation.

Signs of a Hostile Work Environment

21 Dec, 2021

You deserve to thrive in your career. You work hard, you care about contributing to teamwork and your workplace culture, and you probably never expected to deal with a hostile work environment in return. Unfortunately, many Americans deal with just this problem. Under certain circumstances, workplace harassment may constitute a hostile work environment , and our attorneys may be able to help you pursue justice. If the following behavior is pervasive/severe, interfering with your work, and your employer knows about and has done nothing to stop it, then you may be in a hostile work environment: Unwanted touching Threats Assault Interfering with someone’s work Intimidation Slurs Jokes Mockery Ridicule Sexually suggestive comments, language, pictures, or videos These acts amount to discrimination against a legally protected group of people. The behavior is based on protected parts of a person’s identity, such as skin color, religion, sex, sexual orientation, disability, national origin, marital status, gender identity, and more. A hostile work environment is more pervasive and persistent than one isolated incident in which someone said something offensive to you. The all-encompassing and relentless nature of a hostile work environment can eventually completely wear you down emotionally, mentally, and financially. The workplace may feel like an abusive, intimidating place to be because the harassment is ever-present. Employers have a responsibility to respond to and address complaints related to harassment and a hostile work environment. This obligation is legally binding. An employer who fails to investigate and take action to stop workplace harassment may be held accountable by our experienced employment attorneys and may ultimately have to pay damages to the victim of the hostile work environment. What To Do About It If you believe you are the victim of a hostile work environment, please call the experienced Florham Park employment attorneys at Green Savits at (973) 965-8571. We will listen to all you have to say about what you are encountering at work, and then we can provide our recommendations and suggestions for what to do next. Our employment attorneys have lengthy experience in all of the case law, state and municipal laws, as well as federal laws that may affect your situation.

What Are Forms of Sexual Harassment in the Workplace?

08 Sep, 2021

In New Jersey, workplace sexual harassment is a type of illegal harassment. Illegal discrimination and retaliation must be for a prohibited reason (gender, race, sexual orientation, age, etc). Sexual harassment is harassment based on your gender.

What to Do If You Experience Sexual Harassment at Work

01 Jun, 2021

Workplace sexual harassment is a serious offense that should not be taken lightly. Whether a co-worker makes unwanted physical advances towards you or a supervisor threatens to withhold pay or promotion without sexual contact, you should report the harassment as soon as possible.

What is a Constructive Discharge?

23 Feb, 2021

A constructive discharge is when an employee quits their job due to conditions that would make any reasonable employee leave. The law treats a constructive discharge the same way as being fired, which means you may qualify for unemployment benefits, severance pay, continued health insurance coverage, and more.