Sexual harassment is a form of gender-based discrimination. However, despite the existence of laws in New York prohibiting sexual harassment and discrimination based on gender in the workplace, sexual harassment is unfortunately nonetheless rather common. If you find yourself subjected to sexual harassment, you should talk to an experienced and dedicated New York sexual harassment lawyer.
Whether you are a man, woman, gay, or straight, sexual harassment and/or sexism in the workplace is always illegal. However, with the right New York sexual harassment attorney and proper knowledge of New York State and New York City sexual harassment laws, you can fight back.
Verdicts in New York for hostile work environment sexual harassment and quid pro quo sexual harassment can be high, so if you are experiencing sexual harassment at your job, contact a NYC sexual harassment lawyer today.
If you believe that you have been subjected to sexual harassment, you need to start collecting and preserving evidence. To better understand how to collect evidence, you should first know what to look for:
If you are unsure how to go about doing any of this, you should contact an experienced New York sexual harassment lawyer to assist in helping you gather evidence and file a claim.
Yes, you may be entitled to compensation for:
Experienced workplace sexual harassment attorneys will do everything to protect your interests.
Actionable workplace sexual harassment can occur in two instances:
In “quid pro quo” sexual harassment, the employee is forced to choose between accepting or submitting to sexual advances or suffering one or more employment-related consequences. The issue in a quid pro quo case is whether the supervisor has expressly or tacitly linked tangible job benefits to the acceptance or rejection of sexual advances.
If you were subject to unwelcome sexual conduct, and your reaction to the conduct was then used as the basis for reducing your pay, demoting you, or terminating your employment, you should contact a New York City sexual harassment attorney.
The second form of sexual harassment is called “hostile work environment” sexual harassment. This occurs when the workplace is permeated with sexually discriminatory and offensive comments and actions that alter the conditions of the employee’s work environment.
For example, frequent lewd jokes or emails containing pornographic images can create a hostile work environment. However, hostile work environment sexual harassment claims cannot be initiated simply because an employee finds one particular comment or joke offensive. There must be a continued pattern of workplace harassment.
Anyone can report sexual harassment in the workplace. You do not have to be the victim to report either Quid Pro Quo or Hostile Work Environment sexual harassment. Anyone who witnesses such behavior can complain to a supervisor or Human Resources representative. Our sexual harassment lawyers can help you determine to whom at your company you should file a complaint of sexual harassment. Protect your job, your salary, and your way of life by taking action against sexual harassment in the workplace.
You should consult a qualified sexual harassment attorney to provide guidance as well as review the details of your specific sexual harassment claim.
Remember: Sexual harassment and sexism in the workplace does not always follow expected patterns. Men can easily be the victim of sexual harassment. Sexual harassment can also occur between members of the same sex. Sexual harassment can even take place without any economic injury to the victim.
It is a common mistake to believe that sexual harassment can only be perpetrated by a supervisor or boss. You might have a valid claim for sexual harassment if you’ve endured inappropriate behavior of a sexual nature from a:
If you are unsure whether you have a valid claim for sexual harassment, it is best to contact a NYC sexual harassment attorney.
Title VII of the Civil Rights Act of 1964 is the federal law prohibiting gender discrimination and sexual harassment in the workplace.
Title VII of the Civil Rights Act:
The New York State Human Rights Law is the New York State law that outlaws sexual harassment in the workplace.
The NYS Human Rights Law defines sexual harassment the same way as Title VII does – it includes unwelcome sexual advances and requests for sex, as well as verbal or physical harassment based on sex. Under the NYS Human Rights Law, the conduct must also be “severe or pervasive” in nature. So, similar to Title VII, an isolated incident of sexual harassment is unlikely to be actionable unless the act was completely egregious, such as a sexual assault.
However, unlike Title VII, in the context of sexual harassment claims, the NYS Human Rights Law covers all employers regardless of size. Thus, even in small companies employing fewer than fifteen (15) employees, employees can still bring claims of sexual harassment against their employer.
The New York City Human Rights Law is New York City’s anti-discrimination law and is one of the broadest anti-discrimination and anti-harassment laws in the country.
The aim is to create zero-tolerance policy on discriminatory behaviors in NYC workplaces. The NYC Human Rights Law also covers all employees’ sexual harassment claims regardless of the size of the employer. However, unlike Title VII and the NYS Human Rights Law, individual business owners and supervisors may also be held individually liable under the law.
Also unlike Title VII and the NYS Human Rights Law, the sexual harassment DOES NOT need to be “severe or pervasive.” Instead, you simply need to show the conduct rose above what a reasonable person would consider “petty slights and trivial inconveniences.” You are only required to show that you were treated less well than other employees because of your gender. A knowledgeable New York City sexual harassment attorney can give you more information about your specific legal rights as a New York City employee.
If you still work for the offending employer, you might be concerned about losing your job if you report sexual harassment. However, legislation makes it illegal to take adverse employment actions
You cannot be fired, demoted, denied a promotion, harassed, or otherwise treated poorly in retaliation for engaging in any of the above protected activities. A sexual harassment lawyer at Law Office of Yuriy Moshes, P.C. can provide you with more details regarding all of your rights under the law.
Our firm handles all types of sexual harassment in the workplace, including:
Contact experienced New York sexual harassment lawyers at the Law Office of Yuriy Moshes, P.C. to learn how we can help.
At the Law Office of Yuriy Moshes, P.C., while we know that no one should have to tolerate unwelcome sexual advances and/or sexual harassment in the workplace, we also understand the difficulties involved in pursuing a sexual harassment claim.
Request a free consultation from one of our NYC sexual harassment lawyers today. We are ready to help victims of workplace harassment in the greater New York City area including all its boroughs (Manhattan, Brooklyn, Queens, the Bronx and Staten Island) as well as Northern New Jersey, Long Island, and Upstate New York.