Legal Question in Employment Law in New York

What Constitutes Harasment on the Job

I work for the Agency for Children Services NY.For the past few months I have been working under very stressful situations because of my now exsupervisor and manager. I feel I am being harassed and mistreated. This week without prior notification, I was assigned to another supervisor, one who is ill mannered and uses a very condescending tone when he speaks to me, He has told me �he is my last resort�. Which sounds to me he was assigned to me to get me out of the agency.Things he has asked me to do has been putting me in a compromising situations.To which he does not care.I have spoken to our Deputy Director about my work conditions, at first she seemed very interested in getting to the root of things. Only to find out that she is good friends with my exsupervisor & manager and is no longer able to be impartial to the situation. I feel that my current supervisor predecessors have influenced his judgement and he is not making an unbiased assessment of the quality of my work and my ethics.He is making my work environment very unbearable.So please let me know what constitutes harassment on the job.Workers have left the agency because of the same reasons.I just want to do the right thing and not just make a statement.Thanks


Asked on 12/12/01, 6:39 pm

1 Answer from Attorneys
Raymond Iaia Minotti & Iaia, LLP

Re: What Constitutes Harasment on the Job

What constitutes �harassment� as ordinary people use the term, does not constitute �harassment� as employment lawyers use the term. You may feel you are being harassed, and indeed you may be being harassed, however, legally, there is probably nothing you can do about it. Most employment laws forbidding harassment on the job only forbid harassment that occurs because of a person�s protected characteristic, such as national origin, race or gender. The law does not forbid what you may simply call �harassment� without an additional factor such as race or gender.

There is a tiny exception to this rule. A person can sue for something called intentional infliction of emotional distress. However, the law is very strict and I am not aware of a court upholding a claim of intentional infliction of emotional distress for general workplace harassment. In any event you should be aware that there is a strict one year statute of limitations within which such a claim must be brought.

I know the above sounds confusing, and probably contrary to logic, so if you wish to discuss your case in particular, you may call this office at (914) 949-6323. Best of luck to you.

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Answered on 12/13/01, 9:22 am


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