Articles Tagged with harassment

Workplace bullying can violate employee handbookUnder New Jersey law it is unlawful for an employer to harass an employee because she belongs to a legally-protected category, such as because of her gender, age, race or disability.  But the law does not necessarily prohibit a boss from bullying or indiscriminately harassing other employees.

Nonetheless, earlier this year, in Maselli v. Valley National Bankcorp., New Jersey’s Appellate Division recognized that under certain circumstances an employee can sue her employer for bullying in violation of a company’s anti-harassment policy.

By way of background, almost 25 years ago the New Jersey Supreme Court established that employee handbooks and other similar policies are presumed to be binding contracts.  However, the Court created an exception for policies that include prominent disclaimers that make it clear they document is not an enforceable contract.  As a result, most employee handbooks now include bold disclaimers stating that they are not contracts.

The Third Circuit Court of Appeals recently recognized that a supervisor’s single use of a racial epithet can be enough, on its own, to create a hostile work environment under federal law.  This is consistent with longstanding president under both the New Jersey Law Against Discrimination and the New York State Human Rights Law.

Racial Harassment Based on Single Discriminatory RemarkThe case was brought by Atron Castleberry and John Brown, both of whom worked as laborers for Chesapeake Energy Corporation through a staffing-placement agency, STI Group.  Mr. Castleberry and Mr. Brown are African American.

Mr. Castleberry and Mr. Brown allege they were exposed to racist behavior at their job.  For example, they claim that someone wrote “don’t be black on the right of way” on the sign-in sheet several different times. They also indicate that, despite having more experience working on pipelines, Chesapeake did not permit them to work on pipelines other than to clean them.

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