New York City Hostile Work Environment Lawyers

It’s normal not to like your job. It’s a job; it’s not a calling or a religion. It’s not your home. You don’t have to love where you work. You don’t even have to be happy at work. But there’s a difference between dissatisfaction at work and your workplace becoming a hostile environment.

At Eisenberg & Baum, LLP, we fight for people dealing with hostile working environments in Manhattan. As attorneys, we’ve brought a reputation for aggressive tactics and considerable strength to the table for our clients. When your workplace has become a place you dread because of the unchecked harassment there, you need help. And we’re here to help you.

What Is A Hostile Work Environment Under New York Law?

Under Title VII of the Civil Rights Act, a hostile workplace is a workplace where a person faces consistent harassment based on protected characteristics, i.e., age, sex, race, religion and so forth. A person experiencing a hostile workplace will feel anger, resentment, intimidation or offensiveness regularly.

The courts have several tests that describe what these things look like:

• Severity or pervasiveness: The court will look to see if the conduct was either severe, which could be physical assault, or pervasive, which could be unrelenting derogatory comments.
• Unwelcome conduct: The behavior must be unwelcome to the victim. This is where a person’s individual tolerance matters most. What counts as “joking around” to one person can and often is harassing another.
• Impact on work environment: The harassment must be such that it alters the conditions of employment, creating an environment that a reasonable person would find hostile or abusive.
• Employer liability: Employers can be held liable for a hostile work environment created by supervisors, coworkers or even nonemployees (such as clients or customers) if they knew or should have known about the harassment and failed to take appropriate corrective action.

If these factors describe the situation that you’re living through at work, then you absolutely have every right to pursue action. And that’s when you can reach out to us to take on the role of your hostile workplace attorney.

Can You Sue An Employer For A Hostile Work Environment In New York?

You absolutely can file a lawsuit against your employer for a hostile work environment. As we mentioned in the previous section, if your employer knows about or has reason to know about the problems, they should act to stop it.

If you prove loss due to the hostile work environment, including if the harassment led to termination, demotion or forced resignation, your employer would have to pay you damages, which can include:

• Compensatory damages: These cover the emotional distress, pain and suffering, and any other noneconomic losses experienced by the victim as a result of the hostile work environment. This can include anxiety, depression or other mental health impacts.
• Back pay: Compensation for lost wages and benefits, including salary, bonuses and other employment benefits the employee would have received.
• Front pay: Compensation for future lost wages and benefits if reinstatement is not feasible or appropriate. This covers the period until the employee can find comparable employment.
• Punitive damages: These are awarded in cases where the employer’s conduct was particularly egregious or malicious. They are intended to punish the employer and deter similar behavior in the future.
• Attorney’s fees and costs: Reimbursement for legal fees and other costs incurred by the employee in pursuing the hostile work environment claim.

Additionally, in some cases, the court may order reinstatement at your job as part of the case. If that’s one of your goals, we can work toward that as your attorneys.

How Can You Prove A Hostile Work Environment?

Hostile work environment cases are civil cases, and as your hostile work environment attorneys, we must prove your claims in court. The evidence must meet the burden of “more likely than not” or “a preponderance of the evidence.” This legal burden is considered much lower than the criminal burden.

But what is “more likely than not?” If proof and evidence could be considered as raw numbers rather than subjective, then more likely than not is 50%. This means that the case you build simply has to be more believable than the alternatives raised. This is an achievable goal, but you will need to build the evidence for this, which can include:

• Text messages and emails regarding the situation
• A grouping of performance reviews that show a pattern
• Witness testimony to the toxicity of the environment
• Communication with employer or HR reps that demonstrate their lack of action

With the right evidence but also the skilled attention of our hostile workplace attorneys, you can fight to make sure the way you were treated stops.

Get A Free Consultation From Eisenberg & Baum, LLP, Today

A hostile work environment is not something you need to live with or get over. It’s a problem and it demands attention and toughness. And we’re here to help you get the care, attention and advocacy you need.

’s, motto is “Advocacy for everyone,” and that means you too. You deserve a voice. You deserve representation. You deserve to hold your employer accountable for the hostile, toxic environment they fostered. Call us at or send an email using this online form.