Sexual Harassment and Domestic Workers
New York attorneys protecting nannies, housekeepers, and caregivers from harassment
When you work in someone’s home in New York City, New Jersey or Philadelphia you may be unaware that you are afforded some of the same rights as employees working in a public setting. Unscrupulous employers may try to take advantage of this lack of knowledge. Your boss might attempt to sexually harass, underpay, or overwork you because English is not your first language, or you do not have other job opportunities. Don’t be a victim. Let the Employment law Attorneys at the Derek T. Smith Law Group help.
The NY, NJ & Philadelphia sexual harassment lawyers in at the Derek Smith Law Group want you to know you have legal protections. You do not deserved to be sexually harassed or discriminated against. Our sexual harassment attorneys help clients in and around New York City, New Jersey and Philadelphia get the compensation they deserve after suffering from unfair practices on the job.
Common law: what defines a worker
Confused about whether you actually qualify as a “worker” under the law? You are considered a “worker” if your boss has the right to control what will be done and how it is done. You can work part time or full, and can live inside or outside of your employer’s home. A domestic worker, however, is someone who lives inside the home who is not related and works full-time (at least 40 hours).
New York Domestic Worker’s Bill of Rights and sexual harassment
Passed in November of 2010, the New York Domestic Workers’ Bill of Rights grants housekeepers, nannies, caregivers, companions, and other full time domestic workers certain protections and work-related benefits. In particular, the Bill gives domestic workers the same protections as other employees under the New York Human Rights Law when it comes to sexual harassment and discrimination.
So, if you are working full time in someone’s home you cannot be subjected to:
- Unwanted sexual advances
- Unwelcome sexual innuendos, jokes, inappropriate comments, or offensive pictures
- Sexism, stalking, and sexual assault
- Harassment due to sex, race, religion, or national origin
- Retaliation for reporting harassment of any kind
Retaliation means you cannot be fired or suffer adverse actions — such as a pay decrease or mistreatment — for reporting harassment. Our sexual harassment lawyers NYC can explain in more detail.
If you were sexually harassed, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or potentially filed a lawsuit in federal, state, or municipal court. A New York, New Jersey or Philadelphia sexual harassment lawyer is your best asset when it comes to pursing legal action.
Additional protections under the Bill of Rights:
- 40 hour work week
- Minimum wage
- Overtime payment for hours worked over 44
- One day off for every seven days
- Workers’ Compensation and Disability Benefits
- Three paid days off after one year of employment
This law does not cover people who are related to the person they care for, or if they are a part-time worker, such as a baby-sitter.
What do I do if I am sexually harassed as a domestic worker in NY, NJ or Philadelphia?
Record all instances of harassment. In some cases, you may have to leave the home and find a new job. Speak with an experienced New York harassment attorney as soon as possible. You may be entitled to compensation.
The NYC, NJ and Philadelphia sexual harassment attorneys at the Derek Smith Law Group have committed their careers to serving underrepresented workers who have been abused and taken advantage of by their employers. Our team of highly qualified, dedicated EEOC lawyers rigorously defends your right to a fair and safe working environment. Contact us today at 877-4NYLAWS (877-469-5297) or click here to use our online contact form.
All initial consultations are free. We work on a contingency fee basis, which means you owe unless nothing unless we successfully recover money on your behalf.