New York City, New Jersey & Philadelphia Sexual Harassment FAQs
Our Sexual Harassment lawyers answer your common questions
When new clients come into speak with an attorney at the Derek Smith Law Group, they always come with a bevy of questions. Do I have a case? How fast should I act? Am I going to get fired? Do not fret —we are here to ease your concerns and answer all your important questions.
What is sexual harassment in New York City?
According to the Equal Employment Opportunity Commission and the New York City Human Rights Law, sexual harassment is a form of gender-based discrimination that includes unwelcome verbal, written, or physical conduct of a sexual nature. It is harassment when granting sexual favors becomes a basis for employment decisions or the conduct unreasonably interferes with your job performance.
What are some examples of sexual harassment?
Sexual harassment wears many faces. It includes being offered a promotion or pay raise in return for sexual favors, or being fired or demoted for refusing sexual advances. Harassment also occurs when the harasser creates a hostile work environment by making sexual jokes, touching you inappropriately, making explicit gestures, or asking about your romantic history. There are dozens of more examples, so ask your lawyer if your situation falls under the sexual harassment umbrella.
What should I do if I have been harassed at work?
Speak with a sexual harassment attorney first and foremost. If agreed with your attorney, then go through the proper channels at work – report it to HR or your supervisor. Document everything and preserve evidence.
Can I be fired or demoted for reporting sexual harassment in NYC,NJ or Philadelphia?
No, it is illegal to retaliate against someone for reporting harassment, or being involved in a sexual harassment investigation.
I was harassed at a company-sponsored event. Is my employer responsible?
Yes, your employer must take reasonable steps to prevent harassment at company-sponsored events, even if they are offsite.
Are there time limits for filing sexual harassment charges?
Yes. In most cases, you need to file a charge with the EEOC within 300 days. Once you get a Right to Sue notice from the EEOC, you have 90 days from that date to file a charge with the EEOC. Or, generally speaking, you have three years from the acts of harassment to file a lawsuit in state court.
If a co-worker asks me on a date, is that sexual harassment?
No. But, if a co-worker repeatedly asks you on dates, or requests sexual favors, and you make it clear that the behavior is unwelcome, this may be sexual harassment.
What should I do if I was sexually assaulted at work?
Follow all procedures for reporting harassment and call the police. Contact a New York, New Jersey or Philadelphia sexual harassment lawyer right away.
Do I need a lawyer if I have been sexually harassed in New York City, NJ or Philadelphia?
It depends, but speaking with a sexual harassment attorney never hurts. An employment lawyer can tell you if your case is worth pursuing. And if you do have a viable case, securing highly qualified legal counsel ensures you will obtain the best possible result.
Put an end to sexual harassment in New York City, New Jersey & Philadelphia today
If you have questions regarding your sexual harassment claim, please do not hesitate to call the sexual harassment attorneys at the Derek T. Smith Law Group at 877-469-5297 or use our online contact form. We offer free case evaluations with one of our dedicated employment law attorneys. Our firm serves clients in and around New York City, New Jersey and Philadelphia.