Understanding Hostile Work Environment Law and Retaliation In Philadelphia: Are You Being Treated Illegally?
“Hostile work environment” is an often misunderstood term. While unfair, being treated poorly at work is not immediately illegal — so long as the cause for the poor treatment is rooted in personality conflicts, poor managerial style or a simple preference for one employee over another. At what point does mistreatment cross the line from unfair to illegal? When have you reached the point where you have a viable hostile work environment case? If you believe you have been the victim of a hostile work environment, contact a Philadelphia employment discrimination lawyer to review your case. If you are still uncertain, read on to learn more about what qualifies as a hostile work environment under Pennsylvania law.Retaliation and Hostile Work Environment in Philadelphia
Under federal law, for a work setting to qualify as hostile, the environment must promote or permit discriminatory behavior against an employee (or class of employees) based on the “employee’s age, race, gender, national origin, disability, religion, or in retaliation to a request for rights protected by state and federal laws.” Examples of state and federally protected rights would include workers’ compensation requests or demands for overtime pay.
What does this mean for you and your work environment? How can you determine if what you’re experiencing is illegal? It is often helpful to look back to what preceded the hostile behavior. If it has always been present, or if it started with the arrival of a new supervisor with a different personality style than you, the chances of your case qualifying are fewer. If, however, you look back and trace the hostility back to the immediate aftermath of a fair request or complaint, you may have a case that deserves to be brought to court.
If the hostility shown to you began as a response of any of the following, you can feel confident in the fact that it is now time to contact a Philadelphia employment lawyer.
- You have recently filed a sexual harassment claim.
- You have recently filed any discrimination claim based on age, race, sex or disability.
- You have recently complained about not receiving equal pay or have demanded to be properly compensated for overtime hours.
- You have recently complained about gender discrimination.
- You have recently complained about lack of adherence to FMLA policies,
- You have recently lodged a complaint about unsafe working conditions for yourself or your co workers.
If any of these situations precipitated the hostile work environment you find yourself enduring daily, you are likely the victim of an illegally hostile work environment and are qualified to seek compensation. Contact the Arce Law Group’s Philadelphia employment attorneys at 212.248.0120 to review your situation, assess whether a case is warranted and seek the compensation you deserve.
By Bryan Arcé | Published October 6, 2015