Articles Posted in Hostile Work Environment

Second Circuit Rejects Severe or Pervasive Standard for Retaliatory Hostile Work Environment Claim
Famighetti & Weinick

Title VII of the Civil Rights Act of 1964 prohibits various forms of workplace discrimination, including discrimination based on sex, race, religion, and national origin. Title VII also includes an anti-retaliation provision which protects employees who complain about or oppose conduct which is unlawful under Title VII. This is referred to as engaging in protected…

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Judge Rules Firm’s Case Against Long Island Fire Department Can Proceed
Famighetti & Weinick

In November 2020, the Long Island employment law firm Famighetti & Weinick PLLC filed a federal lawsuit against a Long Island volunteer fire department on behalf of a female volunteer firefighter. The lawsuit alleged that the department discriminated against the firefighter based on her sex, then retaliated against her when she complained about the discrimination.…

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Hostile Work Environment Verdict Examined by Appellate Court
Famighetti & Weinick

What conduct constitutes a hostile work environment? How can a municipality be held responsible for a hostile work environment created by its employees? New York’s federal appellate court recently addressed these questions in the case Legg v. Ulster County. Today’s Long Island employment law blog discusses these issues, and how the Court of Appeals decided…

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Neutral Acts Can Support a Hostile Work Environment
Famighetti & Weinick

On March 6, 2020, the United States Court of Appeals for the Second Circuit, in New York, handed a gift to employees. The Court reviewed issues related to (1) hostile work environment claims and (2) the standard for retaliation claims. On both issues, the Court’s decision came out highly favorable for employees. Today’s Long Island…

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Amendments to New York’s Sexual Harassment and Discrimination Laws
Famighetti & Weinick

The phrase “sexual harassment” has certainly been in the news lately. But, it may be hard to discern when an individual has been a victim of sexual harassment in the workplace, at least in the eyes of the law. The United States Supreme Court has established standards for courts to follow when analyzing sexual harassment…

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What Acts Can be Considered For a Hostile Work Environment Claim?
Famighetti & Weinick

For federal workplace discrimination claims in New York, employees must file a charge of discrimination with the EEOC within 300 days of the discriminatory act in order to preserve their right to sue the employer. But, oftentimes for hostile work environment claims, the employee doesn’t reach a breaking point until after enduring perhaps months or…

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Hostile Work Environments: Severe or Pervasive Standard Reviewed by Court
Famighetti & Weinick

Are you facing a hostile work environment? You may think so, but courts may not agree. Employment law requires employees to show that they faced severe or pervasive abusive conduct in the workplace, to prove a hostile work environment claim. What is severe or pervasive conduct? Today’s Long Island employment law blog explains. Courts have…

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Are Rumors About Sex in the Workplace a Hostile Work Environment
Famighetti & Weinick

If employees gossip or spread rumors about a co-worker falsely having sex with a supervisor, does that constitute a hostile work environment? At least one federal appellate court says yes, at least if the employer knew about the rumors, participated in spreading the rumors, and disciplined the worker based on the rumor. Today’s Long Island…

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I thought I can’t sue my employer?
Famighetti & Weinick

Famighetti & Weinick PLLC are Long Island employment lawyers. We receive many calls each week from potential clients and we hear a wide variety of questions from them. One question we hear a lot is “I thought I can’t sue my employer?” Why do employees ask this question and what’s the answer? Today’s Long Island…

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Firm’s Age Discrimination Case Against Investment Bank to Proceed to Hearing
Famighetti & Weinick

The Long Island employment lawyers at Famighetti & Weinick PLLC obtained a decision that probable cause exists to believe that a national investment bank discriminated and retaliated against their client. The case will be scheduled for a public hearing at the New York State Division of Human Rights. The age discrimination and retaliation case was…

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