Many factors! If you are suing under Title VII, the federal legislation that protects employees, the actions taken by your boss would have to rise to the level of “severe and pervasive” so much so that the conditions of your employment would be altered. However, under the New York City Human Rights Law, a hostile work environment can exist when an employee is treated less well than other employees because of the employee’s membership in a protected class.
Besides having different standards of proof, the statute of limitations (deadline to file) is also different under federal, state, and local law as well as the numerosity requirement (required minimum number of employees in a workplace).
Since these cases are fact specific, it is best if you hire an employment law attorney to analyze your case. At Joan C. Lenihan, Attorney at Law, we will assist you in determining whether or not you have a viable claim.
