While it can be demoralizing and stressful, dealing with rudeness or bullying in the workplace isn’t necessarily illegal. However, employer belittlement can cross the line into illegality if it’s based on a protected characteristic, such as race, sex, or religion.
Workplace bullying can also be unlawful if it creates a hostile work environment, though federal and New York state laws have different definitions of what qualifies.
The Difference Between Workplace Bullying and Illegal Discrimination
On its own, unfair treatment in the workplace is not illegal. Discrimination laws protect workers from mistreatment based on protected characteristics, so establishing that the harassment or bullying you’re facing is motivated by your race, gender, disability status, or other traits is key to having a successful claim.
Your boss may have a harsh management style, play favorites, or tend to have fits of rage, but being a mean person isn’t against the law. The intent behind workplace bullying is what determines whether it breaks the law—having a belittling boss can be chalked up to a personality conflict, but if your supervisor yells slurs at you, it’s likely illegal discrimination.
When Belittlement May Be Evidence of Discrimination
The context surrounding your employer’s behavior can help you determine whether it constitutes workplace discrimination. Examples of situations that could point to illegal discrimination include:
Belittling Comments Tied to a Protected Characteristic
Depending on the language your employer uses, their bullying behavior might have clear and obvious discriminatory intent. However, not all inappropriate comments about protected characteristics are as blatant as slurs or insults toward entire groups of people. When a boss makes subtly disparaging comments, it’s important to take notes and document the conduct to establish a pattern of behavior.
- A shift manager refers to different workers by racial epithets, telling those who question him that it’s alright because he does it to everyone.
- A supervisor shouts at a pregnant employee for performing a physical task too slowly, insulting her for deciding to have a child.
- An LGBTQ+ employee is frustrated by his boss’s offensive jokes about his sexuality, but stays silent because he fears losing his job.
Pattern of Targeted Mistreatment
Sometimes, an abusive employer won’t use disparaging language to discriminate against workers. Instead, they’ll use general insults and poor treatment to consistently target an employee or group of employees who just so happen to share a protected characteristic.
Examples of targeted mistreatment include the following:
- A woman’s boss frequently talks over her and explains basic concepts to her in meetings, implying he sees her as less competent than other employees in a mostly male workplace.
- A wheelchair-bound employee’s boss frequently insults his performance compared to non-disabled colleagues, though there is no meaningful difference in their productivity.
- After a worker requests schedule changes to observe Jewish holidays, their supervisor begins acting overly critical of their work and repeatedly questions their commitment to the company.
Hostile Work Environment Claims
Being subjected to harassment, bullying, or other unwanted behavior in the workplace can create a hostile work environment. If such behavior involves protected characteristics, it may constitute illegal discrimination. Federal law requires harassment to be “severe or pervasive” to qualify as a hostile work environment. However, New York law has a lower threshold for what counts as illegal harassment—the conduct is actionable if it rises above a “petty slight or trivial inconvenience.”
The following are examples of possible hostile work environments:
- A woman in a predominantly male workplace is uncomfortable with being constantly exposed to pornography, lewd comments, and crass jokes, but knows that her colleagues will isolate her if she complains.
- A worker who is significantly older than his colleagues stops asking for help with newer work processes after his questions were repeatedly met with insults and degrading comments about his age.
- A transgender employee complains to their manager that their co-workers repeatedly misgender them, making them feel unwelcome and unsafe, but the manager refuses to intervene.
What Evidence Can Support a Discrimination Claim?
The best way to prove a workplace discrimination claim is to collect a variety of evidence showing your employer’s discriminatory actions and intentions. Evidence that can support a workplace bullying case includes the following:
- Emails and other written communications
- Contemporaneous notes
- Witness statements
- Official workplace documents and policies
- HR complaints and investigation records
- Disciplinary records and performance reviews
Can Belittlement Lead to a Retaliation Claim?
It’s illegal to retaliate against workers for engaging in certain protected activities, such as reporting harassment or speaking up about workplace discrimination. If your boss starts acting hostile toward you after you’ve made a complaint to HR about a coworker’s actions, you may be able to characterize their behavior as unlawful retaliation.
What Should You Do If You Believe You Are Being Discriminated Against?
If you suspect that your employer may have discriminated against you, begin preserving evidence and documenting your experiences immediately. Take thorough notes after every incident, recording what happened, when, and if any witnesses were present.
If any of the discriminatory comments were made in writing, be sure to save relevant messages, documents, emails, and other records.
A knowledgeable New York employment lawyer can help determine whether you have a valid workplace discrimination claim and explain your legal options.
Protect Your Rights With an Experienced New York Discrimination Lawyer
If you’re experiencing bullying in the workplace, the trusted legal team at Joseph & Norinsberg can help determine if you have a valid discrimination claim. With more than 75 years of collective experience, our New York workplace discrimination attorneys have the skills, knowledge, and work ethic to fight relentlessly until you get the justice you deserve.
Contact us online or call (212) 227-5700 today for a free consultation.
