Sexual Harassment Lawyers NYC

Sexual harassment can create a hostile work environment or a quid pro quo situation.

Hostile Work Environment

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:

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.

Examples of Sexual Harassment in the NYC Workplace

When you understand how workplace sexual harassment occurs, you can recognize when you encounter it. Some examples of NYC workplace sexual harassment may include:

1. Being denied a job offer because you declined a date with your potential employer.
2. Your supervisor often rubs your shoulders whenever he passes you.
3. You and your boss dated. When you broke off the relationship, you were fired shortly thereafter.
4. You and your boss dated. When you broke off the relationship, he continues to make unwanted sexual advances or pressures you into continuing to have sex with him.
5. Your client promises to send more business your way if you agree to provide sexual favors for her.
6. Your coworker consistently makes sexist comments about women at work. You reported these comments to HR, yet they ignored your complaint.
7. Your boss sexually assaults you in the parking lot of your office after hours.
8. You are working late at the office. Your coworker sexually assaults you in your office.
9. Your client touches you inappropriately while you are in a meeting with him.
10. You are at a company event when your coworker continues to make unwanted advances towards you.
11. Your coworker continues to send you emails with sexually explicit content. You have asked them to stop, and they continue anyway.

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:

• What occurred
• Who was involved
• When it occurred
• Where it occurred
• Who witnessed the act of sexual harassment
• How often did the acts of sexual harassment occur
• What you did when such actions occurred
• How you felt when you faced sexual harassment

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.

• Direct evidence clearly shows sexual harassment. For instance, an email from your manager offering you a raise in exchange for sending her naked photos of you would be a form of direct evidence.
• Disparate evidence shows a connection between sexual harassment and adverse employment actions. For example, your boss asks you out on dates for over a month. You keep turning him down. He continues to ask for these dates, and you report him to HR. Prior to reporting him for these actions, you receive 100% positive reviews and commendations during performance reviews and throughout check-ins. One week after reporting him to HR, you are suspended for two days for being five minutes late one day that week. This action would be an example of disparate evidence.
• Policy evidence occurs when company policy encourages or allows for sexual harassment at work. For example, if a company policy insists women wear dresses or skirts above their knees and fitted or tailored shirts, the policy could be an example of 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:

• Record the time and date of each incident
• List all the people directly and indirectly involved in each incident
• Record any offensive conversations or remarks made that may support your claim
• Keep all related emails, text messages, memos, and screenshots that may help prove your claim
• Record when, to whom, and what was said relating to any workplace complaints you filed or made
• Record any emotional toll you experienced from the alleged sexual harassment (stress, anxiety, depression)
• How the incident made you feel emotionally and physically
• How the incident affected your work performance (absenteeism, decreased productivity, difficulty concentrating)
• How the incident affected your overall well-being (relationships, social life, mental health)

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.

• Do NOT quit your job. Quitting makes it harder to prove your case. However, we understand that sometimes, life at work is so unbearable that no person should be expected to continue to work in such conditions. In such cases, of course, you should quit.
• Document the harassment, including date(s), time(s), and location(s.)
• File your complaint with your HR department or your employer. Keep a copy of the filed complaint.
• Follow company policies and procedures for dealing with sexual harassment.
• Keep a journal of all events related to sexual harassment, including your feelings and thoughts.
• Seek support for a local sexual harassment support group.
• Hire a qualified sexual harassment lawyer in Manhattan, the Bronx, Long Island, or any other of the five boroughs in New York City.