Key Takeaway
Understand how workplace harassment drives employee turnover. Learn the legal protections, costs to companies, and steps to create safer work environments.
This article is part of our ongoing employment law coverage, with 29 published articles analyzing employment law issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
The link between workplace harassment and employee turnover is not just a human resources issue. It is a legal problem that impacts a company’s profits and its ability to retain skilled workers. More people are talking about harassment at work. However, many businesses still find it hard to deal with this ongoing issue.
Let’s look at how workplace harassment causes employees to leave. We will also discuss the costs for organizations. Finally, we will explore the legal protections for workers in hostile environments.
What is Workplace Harassment?
Harassment at work goes beyond obvious bad behavior. It includes any unwanted conduct that creates an aggressive or hostile environment based on someone’s protected characteristics. The Equal Employment Opportunity Commission (EEOC) defines protected classes to include race, gender, age, religion, disability, and other traits.
Some harassment is obvious – like physical threats or unwanted touching. But it often surfaces in subtler ways, such as:
- Excluding certain employees from meetings or projects
- Making offensive jokes or comments
- Undermining someone’s work or authority
- Creating different standards for different groups
Federal laws set clear rules against harassment. These include:
– Title VII of the Civil Rights Act
– The Americans with Disabilities Act (ADA)
– The Age Discrimination in Employment Act
Many state laws provide additional protections. Recent data from the Workplace Bullying Institute reveals that 30% of employees report experiencing bullying at work. Additionally, 19% of employees have seen bullying happen.
The Real Cost of Harassment
When harassment goes unchecked, good employees leave. A big tech company learned this lesson recently. Harassment problems caused their employee turnover to rise by 40% in just two years. Exit interviews revealed toxic workplace behavior as the main reason people quit.
Beyond the obvious costs of recruiting and training replacements, harassment-driven turnover has other expensive consequences:
- Lost institutional knowledge when experienced staff leave
- Reduced productivity during transition periods
- Damage to company reputation and employer brand
- Potential legal liability and settlements
- Difficulty attracting new talent
One former Fortune 500 employee shared: “I was on track for promotion and loved my actual work. But my supervisor’s constant undermining and improper comments made staying impossible. Even after going to HR, nothing changed. I had to restart my career somewhere else.”
Creating Safer Workplaces
Organizations need comprehensive strategies to prevent harassment and keep valued employees. This starts with clear anti-harassment policies and consequences for violations. But policies alone aren’t enough – companies need:
- Regular, meaningful training that goes beyond basic compliance
- Empowered HR teams who can properly investigate complaints
- Leadership that models respectful behavior
- Multiple channels for reporting problems
- Swift action when issues arise
Legal Obligations and Ethical Duties
Employment discrimination lawyers emphasize that companies face serious liability if they fail to address harassment. Even if leadership remains unaware of specific incidents, organizations can face responsibility for not taking reasonable preventive steps.
The EEOC handles thousands of harassment complaints annually. Victims can file lawsuits under various state and federal laws, including:
- Title VII (discrimination based on race, color, religion, sex, national origin)
- Americans with Disabilities Act
- Age Discrimination in Employment Act
- State human rights laws
- Equal Pay Act
Beyond legal compliance, companies have moral obligations to protect workers’ wellbeing. Leaders can create workplaces that value all employees and increase job satisfaction. They can focus on their work without fear or distraction.
Taking Action Against Harassment
If you’re experiencing workplace harassment:
- Document everything – keep detailed records of incidents
- Report problems through proper channels (HR, management)
- Know your rights under state and federal laws
- Consider consulting an employment lawyer
- File an EEOC complaint if internal solutions fail
For employers wanting to prevent harassment:
- Develop clear anti-harassment policies
- Provide regular staff training
- Create multiple reporting channels
- Investigate complaints promptly
- Take appropriate corrective action
- Monitor workplace culture
Finding Legal Help
Navigating workplace harassment cases requires experienced legal guidance. If you are an employee experiencing discrimination, you can get help. If you are an employer looking to improve your policies, skilled employment lawyers can assist you.
The Law Office of Jason Tenenbaum, P.C. helps businesses and workers in Long Island and NYC. They focus on cases of employment discrimination and harassment. Their team understands local and federal employment laws and can help:
- Develop anti-harassment policies
- Investigate complaints properly
- Defend against claims
- Create effective training programs
- Guide compliance efforts
Looking Forward
Creating harassment-free workplaces takes ongoing commitment from everyone – from entry-level staff to top executives. Organizations that make this a priority not only keep their best people but attract top talent too.
Success requires:
- Clear policies and procedures
- Regular training and education
- Quick response to problems
- Leadership commitment
- Cultural change
Resources for More Information:
- U.S. Equal Employment Opportunity Commission (www.eeoc.gov)
- Workplace Bullying Institute (www.workplacebullying.org)
- Society for Human Resource Management (www.shrm.org)
- National Women’s Law Center (nwlc.org)
- American Bar Association (www.americanbar.org/groups/labor_law)
Need help with workplace harassment or discrimination issues? Contact:
The Law Office of Jason Tenenbaum, P.C.
516-750-0595
Remember: A respectful workplace is not just about following laws. It is about creating a place where everyone can do their best work.
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Legal Context
Why This Matters for Your Case
Employment law in New York provides some of the strongest worker protections in the nation. The New York State Human Rights Law (Executive Law §296) prohibits discrimination based on race, sex, age, disability, sexual orientation, gender identity, and other protected characteristics. The New York City Human Rights Law goes even further, applying a broader standard and covering more employers.
Federal protections under Title VII, the ADA, the ADEA, and the FLSA provide additional layers of protection. The Law Office of Jason Tenenbaum represents employees facing workplace discrimination, wrongful termination, wage theft, hostile work environments, and employer retaliation throughout Long Island, Nassau County, Suffolk County, and the five boroughs of New York City.
Whether your case involves EEOC filings, NYS Division of Human Rights complaints, or direct court action under CPLR Article 78, this article provides the expert legal analysis that workers and practitioners need to understand their rights and develop effective litigation strategies under current New York employment law.
About This Topic
New York Employment Law
New York has some of the strongest worker protections in the nation — from the NYC Human Rights Law to state-level whistleblower statutes. Whether you're dealing with discrimination, wage theft, wrongful termination, or hostile work environments, understanding your rights is the first step. Attorney Jason Tenenbaum represents employees across Long Island and NYC in federal and state employment claims.
29 published articles in Employment Law
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Frequently Asked Questions
What constitutes workplace discrimination in New York?
New York law prohibits employment discrimination based on protected characteristics including race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, marital status, military status, and domestic violence victim status. Both the New York State Human Rights Law (Executive Law §296) and the New York City Human Rights Law (Administrative Code §8-107) provide protections, with the city law offering broader coverage and more employee-friendly standards. Discrimination can occur in hiring, firing, promotions, compensation, and other terms and conditions of employment.
What should I do if I'm being harassed at work?
If you're experiencing workplace harassment, you should document every incident with dates, times, locations, witnesses, and details. Report the harassment through your employer's internal complaint process and keep copies of all written complaints. If internal reporting doesn't resolve the issue, you can file a complaint with the New York State Division of Human Rights, the NYC Commission on Human Rights, or the EEOC. Consulting an employment attorney early can help preserve your rights and identify the strongest legal strategy.
What protections exist against wrongful termination in New York?
New York is an at-will employment state, meaning employers can terminate employees for any lawful reason. However, termination is illegal if motivated by discrimination based on a protected class under the NY Human Rights Law (Executive Law §296) or in retaliation for protected activity such as filing a complaint, whistleblowing under Labor Law §740, or requesting reasonable accommodations. The NYC Human Rights Law provides even broader protections, including coverage for smaller employers.
What are my rights regarding unpaid wages in New York?
Under the New York Labor Law, employers must pay minimum wage (currently $16/hour in NYC and surrounding counties), overtime at 1.5 times the regular rate for hours over 40 per week, and all earned wages on regular paydays. Labor Law §198 allows employees to recover unpaid wages plus liquidated damages equal to 100% of the unpaid amount, along with attorney's fees. Claims can be filed with the NY Department of Labor or through a private lawsuit within six years.
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About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a employment law matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
