In my December 12, 2016 post, I explained that, in Manhattan, NYC, hostile work environment harassment involves conduct so objectively offensive as to alter the conditions of the victim’s environment, which is subjectively perceived as hostile or intimidating. This post discusses the circumstances in which a company in Manhattan may be held liable (that is, legally responsible) for its employee’s hostile work environment harassment claim against a supervisor or a co-worker.
Further, this post explains the circumstances in which a supervisor or a co-worker in Manhattan, NY may be personally liable (that is, monetarily responsible) for aiding and abetting the harassment of another employee.
Under Manhattan State law, employers are liable for unlawful harassment by supervisors where:
Whether someone is a “supervisor” depends upon whether the authority given by the employer to the employee enables him, or materially augments his ability, to create a hostile work environment for subordinates.
Additionally, an employer will be liable for harassment by a co-worker if the employer provides no reasonable avenue for complaint or knows (or should have known) of the harassment, but failed effectively to correct the situation.
In Manhattan, NYC only, an employer is liable for sexual harassment:
A supervisor or a co-worker may be personally liable if he or she aids, abets, incites, compels or coerces the harassment of another, or if he or she attempts to do so.
This means a supervisor or a co-worker may have assets seized if involved in harassing conduct.
Examples of aiding and abetting the harassment of another include:
David S. Rich is the founding member of the Law Offices of David S. Rich, LLC,
a Manhattan Employment and Business Litigation Law Firm, in New
York City and in Englewood Cliffs, New Jersey...View Profile