Is Your Workplace So Toxic That You Can't Work There Anymore?

Many of today’s work environments are fast paced and stressful. While stress can be a normal part of a busy workplace, there is a difference between appropriate pressure to meet high expectations and worker abuse. Harassment, discrimination, and unsafe working conditions create toxic work environments that not only can become intolerable for workers but also violate state and federal law. In this article, we’ll look at some of the common conditions that create toxic workplaces and what workers can do to protect themselves.

What Is a Toxic Work Environment?

A toxic workplace undermines productivity, fuels turnover and absenteeism, and can seriously impact employees’ mental and physical health. A variety of factors can create a toxic work environment. While toxicity can be somewhat subjective, Mindy Shoss, professor and psychologist at the University of Central Florida, says it boils down to fear: “Toxic workplaces drain all the energy and excitement out of employees and replace it with fear.” If this describes your place of employment, getting out may be the best way to protect yourself.

Is your employer violating the law?

In some cases, a toxic work environment can be completely legal. If your boss or supervisor is equally nasty to everyone around them, they might not be violating any laws. While it’s still important to protect yourself from this kind of toxicity, you may not have any legal recourse against your employer. In many cases, however, harassing, intimidating, or unfair behavior toward workers can create grounds for legal action.

Illegal Discrimination

Workers across the U.S. are protected by several federal laws that prohibit many forms of discrimination.

• Title VII of the Civil Rights Act prohibits job discrimination based on a person’s race, color, religion, national origin, or sex—including sexual orientation, gender identity, and pregnancy.
• Under the Americans with Disabilities Act, it’s illegal to discriminate against people with disabilities who are qualified to perform the essential functions of a job and requires employers to make reasonable accommodations that allow them to participate in the workplace.
• The Age Discrimination in Employment Act bars age-based employment discrimination against workers over 40 years old.

These federal laws don’t cover every workplace, however. Title VII and the ADA apply only to employers with at least 15 employees, and the ADEA applies only to those with 20 or more. However, several states, including New Jersey, have laws that offer more expansive worker protections.

The New Jersey Law Against Discrimination (NJLAD) covers all workplaces (with the exception of federal workplaces) within the state of New Jersey, regardless of size. As of July 1, 2024, the law also covers domestic workers. The NJLAD prohibits all forms of discrimination covered by Title VII as well as discrimination based on marital or domestic partnership status. Additionally, it bars age-based discrimination against employees between the ages of 18 and 70 in hiring and promotion decisions, protecting a far larger share of workers than the ADEA. Even outside this age range, the NJLAD prohibits employers from treating employees less favorably in the terms and conditions of their employment because of their age.

What constitutes discrimination?

Some of the factors that contribute to a toxic work environment can also be classified as illegal discrimination. This includes not only adverse employment actions like refusing to hire or promote someone because of their membership in one of these protected classes but also harassment of these employees or subjecting them to a hostile work environment. A workplace where pornography or racist memes are displayed or openly tolerated could be an example of a hostile work environment that discriminates against employees on the basis of race or sex. Likewise, workers who encounter repeated teasing or bullying based on their gender identity, religion, national origin, age, or disability could have grounds for a discrimination claim.

Whistleblower Violations

New Jersey and federal law both include protections for workers who call out illegal behavior of their employers. It is against the law for employers to retaliate against employees who report violations or refuse to participate in their employers’ illegal, fraudulent, or dangerous activity. This includes complaining against or reporting an employer for workplace discrimination or harassment. If, for example, you raise a concern with your employer about harassing behavior you’re experiencing in the workplace and then face even more harassment as a result of your complaint, this could constitute a violation of whistleblower protection laws.

What steps can workers take to protect themselves?

If you find yourself in a toxic work environment, you may need to leave immediately. Depending on your specific circumstances, leaving might not preclude you from suing your employer for wrongful termination. In some cases, toxic work environments can amount to constructive discharge—a situation where working conditions are so poor that any reasonable employee would quit.

If you’re able to remain in your job, take proactive steps to document, report, and pursue remedies for your toxic situation:

• Keep detailed records of incidents of harassment or retaliation. Make a note of dates, times, locations, involved parties, and witnesses to the behavior or the toll it’s taking on you.
• Follow your company’s official procedures for reporting the toxic behavior. Keep detailed records of the steps you take to report to and follow up with company leaders or HR personnel, including what you report, when, and to whom.
• Seek support from trusted coworkers. If they are also encountering toxic behavior, encourage them to document their experiences and report them to the appropriate personnel.
• Consult an experienced employment attorney. An attorney can help you determine the best path forward given the specific facts of your case. These could include negotiating with your employer, filing a complaint with state officials, or initiating litigation.

No one should have to endure a toxic work environment. The experienced attorneys at the Mark | Lavigne Law Firm can help you understand your legal rights and provide the expert guidance you need to effectively enforce them.