Protection against workplace harassment is not limited to sexual harassment. Name calling and other harassment is actionable when a severe action or a hostile working environment is created due to an employee's race, religion, sexual orientation, disability or other protected trait. These claims are analyzed in the same manner in which sexual harassment claims are analyzed. A hostile working environment claim rises where the sexual comments or actions are severe and/or pervasive. Even one act of sexual or racial harassment can be severe enough to support a claim. Harassment that occurs repeatedly and/or frequently can satisfy the pervasive requirement.
Under current law, the workplace bullying or harassment must be the result of discrimination or whistleblowing retaliation. Currently, there are no Federal or State statutes which expressly outlaw workplace bullying, unless the bullying is related to a discriminatory or retaliatory purpose. Nevertheless, workplace bullying is wrong and should not be tolerated. If you are being bullied, you should contact an employment attorney to discuss what options are available to remedy the situation.
Alan H. Schorr has successfully litigated many harassment and bullying cases in NJ, including discriminatory school bullying. Alan H. Schorr, a Certified Civil Trial Attorney, has had many significant legal victories at the Appellate Courts and numerous significant verdicts and settlements. Mr. Schorr wrote an amicus (friend of the Court) brief in the N.J. Supreme Court case of Cutler v. Dorn, which involved the harassment and bullying of a Jewish police officer. Many of these cases are handled on a contingent basis (no fee unless recovery), and there is always a free initial telephone consultation available.