Connecticut has strong laws against illegal job discrimination, including harassment. This is defined as subjecting employees to unwelcome conduct based on their race, ethnicity, faith, age, disability, gender or other protected personal characteristics. Harassment can be inflicted in two ways: by making the unwelcome conduct a condition of employment (known as quid pro quo harassment) or by creating or promoting a hostile workplace.
Hostile workplace harassment occurs when the unwelcome conduct is severe or pervasive enough that an employee having a certain personal characteristic would consider it intimidating, hostile or abusive. This usually means there is a sustained pattern of behavior such as would make the employee feel the work environment had fundamentally and negatively changed.
Examples of such conduct are the following:
Verbal expression — This includes offensive jokes, slurs, derogatory remarks, insults, threats and unwelcome sexual advances.
Nonverbal expression — This includes offensive gestures, unwelcome physical contact or displaying negative imagery that is based on protected characteristics.
Online communication — Work emails, group chats, social media posts and other online communications might be means of promoting hostile attitudes.
Social exclusion — Not inviting certain employees to after-work group activities, such as bowling, game nights or even dinner outings, can be part of a pattern of hostile behavior.
Abusive management — A manager or supervision might use rage or an aggressive attitude selectively against certain employees. This may include public shaming and scapegoating.
Factors that a court may use to determine whether conduct contributes to a hostile work environment include the frequency and severity of the conduct and the effect that it has on workers’ ability to do their jobs without interference.
Connecticut law allows for holding organizations liable for allowing a hostile work environment, even if management is not directly involved. Liability can be based on failure to adopt and promote anti-discrimination and anti-harassment policies that include training employees and supervisors, establishing clear reporting mechanisms and taking prompt responsive and corrective action when complaints are filed.
If you believe you're experiencing a hostile work environment and have reported the problem to your organization’s management to no avail, you have the right to pursue a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO) or to bring a lawsuit. An experienced employment law attorney can advise and assist you.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. fights for Connecticut clients who face harassment. Our offices are in Hamden and East Haven. Please call 203-745-0942 or contact us online to arrange a free initial consultation.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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