Sexual harassment in the workplace refers to unwelcome sexual contact, advances, or communication between an owner, manager, supervisor, coworker, client, or onsite contractor and an employee or member of an organization.
It’s highly unethical, and more importantly, it’s illegal at the state and federal levels. Unfortunately, instances of this unwanted behavior are all still all too common, and that’s why we’re here when you need an experienced sexual harassment lawyer in NYC.
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Sexual harassment cases fall into two broad categories:
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.
At Moshes Law, we take sexual harassment cases seriously. In these sensitive matters, you need a compassionate attorney who is ready to stand up for your rights and interests. That’s what we do for each client.
If you have been subject to sexual harassment in your workplace, collect and preserve any evidence that supports your claim right away. To establish the strength of your case, you’ll need to take several steps. Once you do, we can begin to take action on your behalf. Here’s what we generally recommend when clients ask us how to prove sexual harassment:
Remember: Sexual harassment and sexism in the workplace do 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, and not all cases are between individuals in supervisory and subordinate roles. While sexual harassment comes in many forms, here are some common examples.
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.
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.
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.
We will advise you on the available courses of action you can take. You may be eligible for compensation for:
At the Law Office of Yuriy Moshes, P.C., 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.
Discrimination of any kind has no place in any work environment, and our team works diligently to defend victims of discrimination on the basis of pregnancy, race, national origin, religion, and other considerations.
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 as well as Northern New Jersey, Long Island, and Upstate New York.
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