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If I have a case of harassment in workolace. New york.

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If I have a...

If I have a case of harassment in workolace

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New york

Lawyer's Assistant: What steps have you taken so far?

Manager

Submitted: 2 months ago.Category: Employment Law
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Answered in 19 hours by:
5/30/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,862
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Is the alleged harassment only because of your age/race/sex/disability/national origin?

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Customer reply replied 2 months ago
NOT sure
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

I ask because the US Supreme Court has clearly stated that the laws on workplace harassment (hostile work environment) were intended to protect employees from conduct based only on the age/race/sex/disability/national origin and they were not intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

So, in order to have a claim against the employer you would need to have proof of one of those specific reasons, otherwise you could not have a claim of workplace harassment that would succeed in court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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