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Sunday, June 9, 2024

NJ Employment Attorney Anonymous Discrimination in the Workplace Creates Hostile Workplace

Anonymous discrimination and biases in the workplace can create a toxic environment. It should be obvious that the telling of ageist jokes, or ridiculing people’s disabilities, written language that circulates negative stereotypes, displays of cartoons that are racially offensive, and the use of offensive epithets may contribute to a hostile work environment for a worker of that particular class, even if the jokes, cartoon, epithets are not directed at any particular worker. If you believe you are being subjected to an illegal hostile work environment, you should contact this office today for a free consultation.

Anonymous Biases Can Constitute Harassment in Certain Circumstances

Courts have held that anonymous harassment, such as racist cartoons drawn on bathroom walls, graffiti or the display of a noose, may create a hostile work environment, even if it is not clearly directed at any particular employee. In Tademy v. Union Pac. Corp., 614 F.3d 1132 (10th Cir. 2008), the Plaintiff employee had brought a suit alleging defendant employer railroad maintained a racially hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., and 42 U.S.C.S. § 1981. The U.S. District Court for the District of Utah granted summary judgment for the railroad, finding against the employee. The employee appealed. At the appeal, the Court disagreed with the District Court and held that that a reasonable jury could conclude that the plaintiff was subjected to a racially hostile work environment, which included anonymous bathroom graffiti and the display of a noose.

Whether the Comments Were Sufficiently Pervasive to Constitute Discriminatory Animus Is a Standard Which Applies to Other Protected Classes, Such as Age, National Origin and Religion

In Rasmy v. Marriott Int’l, Inc., 952 F.3d 379 (2d Cir. 2020), the Plaintiff appealed the  istrict Court ruling which found against him and dismissed his case. The Plaintiff appealed to the appellate level Federal Court, which Court concluded that he raised disputed issues of material fact as to whether a coworker’s comments about religion and the complainant’s national origin, which were not directed at him but made to others in his presence, contributed to a hostile work environment.

The Appellate level Court held that in plaintiff's employment discrimination suit filed under Title VII, the district court's dismissal of his retaliation claim was improper because there was a triable issue of fact as to whether his attempts to raise the issue of harassment with higher management caused him to be terminated.

It also concluded that the district court erred by finding against the plaintiff on summary judgment of plaintiff's hostile work environment claim, because there were disputed issues of material fact as to whether the abusive comments were sufficiently pervasive to constitute discriminatory animus.

Don’t Sit on Your Rights

I am an aggressive and compassionate employment law attorney who is experienced and successful in representing executives and others and in obtaining monetary compensation for their being subjected to discrimination. I was successful in obtaining moneys for lost wages, both for past lost wages and projected future lost wages, and in recovering financial compensation for their emotional pain and suffering. I have successfully represented employees who were either terminated or forced out of their employment because of the bias against them and was successful in recovering money for them. I have been successful in obtaining monetary compensation for persons who experienced harassment because they were perceived to be gay but who were not gay. If you think you are being pushed out of your job or retaliated against, you should contact this office immediately for a free consultation.

If you quit your job, you may lose right to prevail in a lawsuit.

In many instances of discrimination, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of handing in a resignation letter, or think you will be fired (or have already been terminated), you should contact this office immediately for a free consultation to discuss your options.

If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.

Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.


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