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Sexual harassment in the workplace occurs when any employee faces unwanted sexual behavior, such as sexual contact, sexual advances, or sexual comments in the workplace. Sexual harassment in the workplace is illegal. The workplace should be a safe environment for everyone. This means employers have a responsibility to prevent harassment. Harassment can take many forms, including verbal and physical abuse. It can target anyone in the workplace, from employees and contractors to self-employed individuals and even job applicants. When they do not, you have the right to hold them accountable. Also, you should know that “consent” is not the issue. You can consent to sexual acts and still have a claim. The issue is “unwanted” – whether sexual contact or comments are unwanted.
When you face sexual harassment in the workplace, working with an NYC sexual harassment lawyer can help you get justice. Our experienced sexual harassment attorneys in New York City can help you get the justice you deserve. With our extensive experience, we have successfully secured millions in victories while supporting the rights of employees throughout New York City.
In New York City, sexual harassment is considered unwanted sexual behavior that creates a hostile work environment.
This behavior can happen anywhere work-related activities occur, including the office, company events, a client’s workplace, and even online interactions.
Importantly, sexual harassment can come from anyone in your workplace. This includes: coworkers, supervisors or managers, owners or employers, customers or clients interacting with you in a work context.
If you experience sexual harassment, don’t hesitate to reach out for help. There are resources available, and you may want to consider consulting with an attorney specializing in employment law.
Sexual harassment in a New York City workplace can occur as either verbal harassment, physical harassment, or visual harassment. These forms of harassment occur as follows:
Sexual harassment can create a hostile work environment or a quid pro quo situation.
A hostile work environment can occur when a person’s work environment is made uncomfortable or hostile by sexual harassment. A hostile work environment can include many types of behaviors, such as repeated sexual jokes or sexual comments, unwanted sexual advances, or displaying sexually explicit materials.
Sexual harassment can be directed at anyone, regardless of their gender identity or sexual orientation. Under New York City law, sexual harassment is illegal if it is sexual in nature and unwanted.
Some examples of a hostile work environment due to sexual harassment may include the following scenarios:
Example 1: A woman works in an office in Brooklyn. The company is owned by women and encompasses a predominantly female workforce. The woman works directly with another woman who has been with the company for an additional four years. This seasoned employee has been tasked with training the woman and has made comments every day about the woman’s body.
The new employee has asked the trainer to stop making these comments. She explained she feels uncomfortable with such comments. After several weeks of this, the new employee went to her supervisor to complain. The seasoned employee was reprimanded, however, she was not removed as a trainer for the new employee. However, the trainer now will not provide additional and necessary training to the newer employee. She will not answer any questions and will blame the new employee when an error occurs.
The new employee has asked the supervisor to provide a new trainer. However, the supervisor has refused her request. Each day has gotten worse and finally, the new employee is terminated and told the job does not appear to be a good fit for her. The employee has a right to file a claim for sexual harassment and retaliation since she was subject to sexual harassment and when she complained about it she was wrongfully terminated
Example 2: A man works for a retailer on the Upper West Side. His female coworkers continually email or share memes depicting men in situations in which they are sexualized or made out to be subservient to women. This employee is uncomfortable with such memes and has asked to be removed from the emails.
Instead of removing him, his coworkers begin printing out the memes and posting them in the employee lounge. The employee complains to management and is told to “suck it up.” Furthermore, every time a new meme is printed and displayed, the man removes it and is then promptly written up for his behavior. The retaliation has gotten so bad that he is about to be terminated.
The employee quits before he is fired because he cannot handle the constant harassment and the hostile work environment that resulted from it. He has a right to file a claim for sexual harassment as well as “constructive discharge” against his employer.
Example 3: A Manhattan workplace is filled with men and women. Upper management released a new dress code. According to the code, women are only allowed to wear pencil skirts or fitted pants. The men can wear anything they find comfortable as long as it is clean and presentable.
The women complain that the dress code is sexist. The male supervisors ignore their first complaint. However, as the women come to work in the clothes they feel are appropriate, they get written up for ignoring the dress code. In addition, when they follow the dress code, the men make lude comments about how great they look. The women complain to Human Resources that the office is now sounding like a construction site.
Human Resources refuses to address the issue. Instead, the women get written up when they do not follow the explicit dress code. Therefore, the women have a right to file a lawsuit against their employer for gender discrimination and hostile work environment due to sexual harassment.
Quid pro quo sexual harassment occurs when an employee is promised advances in the workplace in exchange for sexual favors. Employees would be led to believe that such advances would not occur if they refused sexual advances. Many times, quid pro quo sexual harassment can lead to a hostile work environment when an employee denies these advances or reports the behavior.
Example 1: A male boss asks his female subordinate to go out for drinks one evening. She says no. The next day, her boss is especially mean to her and gives her extra work to do and is overly critical. The next week, he asks her out for drinks again. Not wanting to face his wrath, she reluctantly agrees. He plies her with alcohol and eventually they engage in sexual acts that she did not want. She has a case for sexual harassment and possibly sexual assault.
Example 2: A woman hired a younger man as her assistant inside a company in Manhattan. She and her assistant began dating (against company policy). After about a month, the man broke up with her and intended to remain employed as her assistant. Instead, she fires him because he ended their relationship. He may have a claim for quid pro quo sexual harassment against his employer.
Example 3: A woman wants to be promoted to Supervisor in her Long Island office. She has worked hard, has received many positive reviews from clients, and is a team player. She puts in her resume to be considered for the promotion.
Her supervisor uses this as an opportunity to ask the employee out on a date. He offers her the position if she agrees to go out with him for drinks and dinner. She refuses these advances. As a result, she is denied the promotion. She has a claim for quid pro quo sexual harassment.
If you believe you are being sexually harassed in your New York City workplace, your best bet is to call a NYC sexual harassment immediately. If you do not wish to speak with an attorney, you should report it, yourself, to your employer immediately. Your employer must investigate your complaint and take appropriate action to stop the harassment. If your employer does not take action, you may be able to file a complaint with the New York City Commission on Human Rights. Working with a NYC sexual harassment attorney can help you ensure you get justice for your claim.
In New York City, it is illegal for employers to retaliate against employees who report sexual harassment or deny sexual advances. Retaliation can take many forms, including wrongful termination, demotion, reduced hours, shift changes, decreased pay, negative performance reviews, position changes, and suspension.
Example: An employee works in a small office in Queens. This employee’s supervisor has asked them on a date every day for about three months. The employee has politely declined. However, the employee has gotten very tired of the advances. She promised to report the supervisor if the activity did not stop. Prior to this point, the employee had an exemplary record and was up for a promotion.
Her supervisor did not stop asking her out on a date. Therefore, she complained to her manager and the HR department. The supervisor was reprimanded. However, instead of stopping and apologizing, the supervisor began sending the employee home early and within a month, demoted the employee to a part-time assistant.
The employee may have a case for retaliation for complaining about his sexual advances.
If you believe that your employer has retaliated against you for reporting sexual harassment, you may have a claim. Finding the right sexual harassment law firm in NYC can help. The dedicated sexual harassment attorneys at the Derek Smith Law Group can help you understand your rights and fight for justice.
When you understand how workplace sexual harassment occurs, you can recognize when you encounter it. Some examples of NYC workplace sexual harassment may include:
You should take these steps to report sexual harassment at work in New York. The first step would be to document everything that occurs. You should make note of the following details:
After documenting everything, you should file a complaint with your employer or human resources department in writing. Make sure you obtain a receipt for your complaint. Note the date and time of the delivery of your complaint, as well as who received it. If you sent a copy of your complaint through email, save the sent email and any response.
If you experience sexual harassment at work, you should file a complaint with your employer. However, sometimes your employer or human resources department will ignore such complaints. In these instances, you may have a claim for sexual harassment in the workplace.
You can file a lawsuit against your harasser and employer for allowing the harassment to continue. An attorney can help you file your lawsuit and get the justice you deserve.
The sexual harassment attorneys at the Derek Smith Law Group in New York City can help you file your NYC sexual harassment lawsuit within the proper statute of limitation and with the proper court to ensure your case is heard.
The law requires specific types of evidence to help prove your claim for workplace sexual harassment. The three types of evidence include direct evidence, disparate evidence, and policy evidence.
These forms of evidence can help your case against your employer for workplace sexual harassment in New York City.
Sexual harassment in the workplace often happens over time and includes several incidents over an extended time period. Keeping a written log of each incident can support your claim of sexual harassment at work. Include the following details in your diary:
These records can help you provide your sexual harassment claim and get the justice you deserve. The best NYC workplace harassment lawyers at the Derek Smith Law Group can help.
Before filing your sexual harassment claim in NYC, you should follow these important guidelines.
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Empower your voice and take action against sexual harassment in every workplace, community, and home.
Sexual harassment is not limited to the office. It can occur at work-related events held offsite, such as restaurants, office holiday parties, hotels, corporate retreats, conventions, and virtual events.
Federal, state, and local laws protect employees from sexual harassment—whether it happens during regular working hours, after hours, or at any work-sponsored function.
Workplace protections do not end when the workday does. Employees are legally protected against harassment and discrimination at all on-site, off-site, and virtual events related to their employment. Harassment based on race, gender, religion, or any protected class is illegal—even during informal gatherings like holiday celebrations.
You have the right to feel safe, respected, and valued in every workplace setting. If you experience inappropriate behavior, do not ignore it. Seek legal guidance to protect your rights and hold offenders accountable.
Contact us today for support. We offer free, confidential consultations to help you understand your rights and take action.
Sexual harassment happens throughout the world, in many situations. It can occur in the workplace, public places, housing situations, and education. Sexual harassment can happen anywhere, not just at work. Several laws protect your rights when you become a victim of sexual harassment in places outside of the workplace.
Under New York State and New York City laws, individuals are protected from sexual harassment in public places, such as hotels restaurants, movie theaters, stores, golf courses, and doctors’ offices or any other service or retail establishment. Under these laws, you have the right to seek monetary damages against the establishment where the harassment occurred.
The Fair Housing Act prohibits any form of sexual harassment in housing. Landlords cannot evict you for refusing sexual advances or promise you favorable rental arrangements (decreased rent, free rent) in exchange for sexual favors. Landlords cannot sexually harass you in any way.
Title IX of the Education Amendments of 1972 prohibits sexual harassment against students, staff, and faculty at any school that gets federal funding. Almost all schools get some federal funding, even private schools that accept federal student loans and grants.
New York City sexual harassment law has many intricacies that may make it difficult to understand and navigate. There are many laws that protect you from sexual harassment in the New York City workplace and beyond. Each law has its own statute of limitations, rules, and applicability. If you file under the wrong law, you may not be able to obtain justice or the compensation you deserve.
Working with a qualified workplace sexual harassment lawyer in New York ensures your case is heard and your claim is properly filed. They will ensure you file your claim within the statute of limitations required by law. They can ensure you file your claim under the best laws for your claim. They can also help you settle your case before any lawsuit is even filed.
Your employer will likely have a qualified sexual harassment defense attorney representing them. Therefore, you must have a lawyer on your side to protect your rights.
A qualified sexual harassment attorney in New York City will help in the following ways:
If you have been sexually harassed at work, it is important to speak with an experienced sexual harassment attorney to discuss your legal options.
If you are experiencing workplace sexual harassment in NYC, contact our expert lawyers for a free consultation. We’re here to help you navigate your legal options and get the justice you deserve.
Our team of experienced attorneys understands the unique needs of NYC employees and will fight to protect your rights, whether you work on Wall Street, Broadway, Restaurant Row, or anywhere in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, or Long Island.
Contact the Derek Smith Law Group at (212) 587-0760 to schedule a free consultation. We do not collect any money until we win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Take action against harassment now. We’ll stand by your side every step of the way.