Types of Sexual Harassment In NYC
New York attorneys categorize sexual harassment
Sexual harassment is often disguised in many forms. Inappropriate workplace behavior extends far beyond “sleep with me for a promotion”-type conduct. Tasteless jokes, supposedly funny pictures and improper touching can all be considered unlawful in a certain context. When unseemly conduct at your job starts to affect your work performance and emotional state, speak with a New York City sexual harassment lawyer right away. You may have options for legal recourse, and be entitled to collect compensation.
The many faces of sexual harassment in New York
The Equal Employment Opportunity Commission (EEOC) and the New York legal system recognize various kinds of behavior as sexual harassment. Types of unwelcome acts that may constitute sexual harassment include:
- Sexual bribery refers to being offered a benefit in exchanged for a sexual favor.
- Sexual joking, or teasing occurs when co-workers repeatedly use inappropriate humor.
- Requests for sex are unwelcome sexual advances.
- Criminal sexual conduct includes assault and rape.
- Unwanted physical contact is unlawful physical touching.
- Sexist remarks and sexism includes making demeaning comments about women, even if the comments are not necessarily sexual in nature.
- Sexual gift giving can mean receiving “gag” or inappropriate presents from a colleague.
- Sexual orientation harassment is discriminating against someone because they are gay. lesbian, transgender or bisexual.
- Sexual coercion means you were threatened, sweet-talked or unreasonably pressured into performing a sexual act.
Generally speaking, a one-time occurrence is not grounds for a legal claim. “Petty slights” or “trivial inconveniences” are likely to be dismissed as a frivolous basis for a lawsuit. In most cases, the behavior must be “pervasive” or “severe.” Ordinary socializing amongst co-workers, including flirting and horseplay, will typically not support a finding of unlawful conduct. The offensive behavior must be must be hostile or abusive, creating an intimidating environment.
However, New York City maintains fairly liberal laws on the books regarding sex discrimination. An attorney can help you determine if your situation meets the minimum requirements.
Who can commit sexual harassment?
Your employer is responsible for providing a safe working environment, free form discriminatory practices. Your company is charged with preventing harassment between all members of the staff, including these types of harasser-victim relationships:
- Co-worker sexual harassment occurs between colleagues and workplace peers.
- Supervisor sexual harassment happens between a boss and a subordinate.
- Female-to-male sexual harassment transpires when a woman harasses a man.
- Same-sex sexual harassment occurs members of the same gender.
- Non-employee sexual harassment happens between an employee and someone who does not work for the company, such as a vendor, service person or customer.
There is no typical harasser. They can be young or old, male or female. Harassment can travel in many directions throughout a company — it is not necessarily a top down problem. If your employer knew of the harassment and did nothing, or should have known of the harassment, they may be legally liable.
In addition, the person affected by harassment does not necessarily have to be the primary target. If a person’s acts are directed at another individual, but it creates a hostile work environment for you, you may still be able to file a sexual harassment claim.
Speak with a sexual harassment attorney in New York City today
Harassment does not disappear on its own. In fact, most harassment gets worse over time if you do not take immediate action. To learn how we can help you fight back, contact the Derek T. Smith Law Group sexual harassment Attorneys today for a FREE CONSULTATION*. You can call us toll free at 877-469-5297.