Dedicated Sexual Harassment Attorney in New York City Representing Victims of Workplace Harassment for Over 25 Years.
Sexual harassment occurs as a result of unwanted sexual contact, comments, or advances against an employee or job applicant. Any qualified sexual harassment lawyer in NYC knows this behavior is not only highly unethical; it is illegal.
The experienced New York City sexual harassment lawyers at the Derek Smith Law Group have worked for over 25 years helping victims of sexual harassment. Our licensed New York attorneys can work with you to get you the best settlement in the shortest time frame for your claim.
Sexual harassment at work requires an amazing sexual harassment attorney in New York City (formerly, New Amsterdam). If your case goes to trial, our qualified attorneys can work with you through the end of any New York City Court trial. Our team of sexual harassment attorneys in NYC has helped clients receive the justice they so rightly deserve. Let our team of qualified sexual harassment lawyers in New York City help you!
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What Constitutes Sexual Harassment in NYC?
Sexual Harassment in the workplace results from an employer, CEO, manager, supervisor, coworker, client, customer, or nonemployee’s unwelcome sexual contact, advances, or comments towards employees and job applicants. Federal and state laws prohibit these acts in the workplace and beyond.
Whether in the office, at an off-site company-sponsored event, or in a client’s office, you have the right to get justice. The Derek Smith Law Group can ensure you have a top sexual harassment attorney in NYC (Manhattan, Brooklyn, the Bronx, Staten Island, and Queens) and surrounding areas.
Can Sexual Harassment Occur Online in NYC?
Sexual harassment in the workplace does not need to only occur in the physical workplace within the five boroughs of New York City. Virtual sexual harassment exists in many remote workplace environments.
Online sexual harassment occurs when an employer, manager, or coworker makes unwanted sexual advances, comments, or contact towards you through electronic means, such as text messages, emails, online video meetings, social media, and other electronic resources.
Online sexual harassment can occur in many forms, including:
- Sending inappropriate images, text, or videos
- Online Sexual Bullying
- Revenge Porn
- Taking photos or saving online meeting videos and images
- Displaying inappropriate images or videos
- Sharing sexually explicit emails
- Displaying pornography during online meetings
- Sharing pornography via text, social media, or email
- Sexual Coercion online
- Online Sexual Jokes
- Online Sexual Remarks
Online sexual harassment can be direct or indirect. Direct online sexual harassment occurs when you receive the unwanted sexual advances, comments, or contact through your online channels.
Indirect sexual harassment occurs when sexually explicit images, videos, comments, or stories about you get shared with others. A good example of indirect online sexual harassment is revenge porn.
The dedicated New York City sexual harassment lawyers at the Derek Smith Law Group help victims of online sexual harassment fight for their rights in their virtual workplace.
What Are the Types of Sexual Harassment in a New York City Workplace?
According to the Equal Employment Opportunity Commission (EEOC) in New York City, there are two types of sexual harassment claims:
1. Quid pro quo: This phrase means “this for that.” Quid pro quo claims result in advances in employment in exchange for sexual favors.
Quid pro quo occurs when your boss, supervisor, manager, or business associate offers you advances in your employment in exchange for a kiss, date, or other sexual action. You may receive a promotion, corner office, raise, job offer, or extra paid time off in exchange for giving into their sexual advances.
Quid pro quo can also occur as retaliation. If you refuse the sexual advances of your boss, manager, supervisor, or business associate, you may receive negative treatment. For instance, you may find that your refusal of a date, kiss, or sexual act results in a pay cut, wrongful termination, denial of promotion or demotion, or even a sudden lack of hours.
2. Hostile Work Environment: A hostile work environment claim for sexual harassment in New York City occurs when an employee falls victim to unwelcome behaviors, such as sexual comments, or actions. These actions create an intimidating, unpleasant, or offensive employment atmosphere. They also unreasonably interfere with your job performance.
A hostile work environment may result from anyone in your workplace making offensive sexual comments, displaying sexually explicit materials, making sexual innuendos, sexual jokes, and gestures, or even unwanted physical touching. Rape and sexual assault also fall under the category of a hostile work environment.
To prove a hostile work environment, you must show:
- An employee or job applicant was subjected to unwanted
- The harassment was sexual in nature.
- The harassment affected a term, condition, or privilege of employment.
- The conduct was severe and ongoing.
- The employer was or should have been aware of the harassment. He took no action, insufficient action, or added to the problem.
Your New York City sexual harassment attorneys at the Derek Smith Law Group will help you determine the type of sexual harassment claim you may have against your employer.
How Do I Recognize Sexual Harassment at Work?
Workplace sexual harassment may take many forms. Some examples include:
- A potential employer denied you a job because you refused to go on a date with him after the interview.
- Your supervisor rubs your shoulders every time she passes you.
- Your boss fired you for breaking off sexual relations with him.
- A client offers to give you more referrals for high net-worth clients if you perform sexual favors for her on demand.
- A coworker makes sexist comments about women at work, even after you complained about the comments to him and HR.
- Your supervisor sexually assaults you after hours.
- Your maintenance person rapes you while you are working late at the office.
- Your client gropes you at a lunch meeting.
- Your coworker kisses you at the office holiday party even though you tried to push her away.
- Your boss asks you out on a date at least weekly, telling you your husband won’t care.
- Your coworker sends sexually inappropriate emails with jokes and comics in a weekly office email blast.
What Is Retaliation Regarding Sexual Harassment at Work in New York City?
Many times, employees accept sexual harassment at work to avoid getting fired. They often choose to keep quiet because they fear the retaliation they will face if they complain.
The law prevents your employer from any form of retaliation against you for standing up for your rights.
Retaliation includes any negative employment actions taken against you because you reported sexual harassment or denied someone’s sexual advances at work.
Retaliation may include, but is not limited to, any of the following actions:
- Wrongful termination
- Reduced Hours
- Shift Changes
- Decreased Pay
- Negative Performance Reviews
- Position Changes
If your employer retaliates against you in any of these ways, you may have a claim for retaliation and sexual harassment. The dedicated sexual harassment attorneys at the Derek Smith Law Group in New York City can help you understand your rights. Our experienced lawyers will help you stand up against sexual harassment and retaliation in the workplace.
What Is the Process to File a Sexual Harassment at Work Claim in New York City?
As the victim of workplace sexual harassment in New York City, you may file a federal charge with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim and issue a Right to Sue Letter. The letter provides permission to file your complaint in federal court.
You may choose to file your charge with the New York City or New York State Human Rights Commission. The Commission will investigate the claim and provide permission to file your complaint in state court. However, filing with the State Commission allows the complaint to get filed with the EEOC automatically.
Your sexual harassment lawyer in NYC will help you file your charge as best suited for your sexual harassment claim.
What Laws Protect Employees from Workplace Sexual Harassment in New York City?
Federal, state, and local laws prohibit workplace sexual harassment. Title VII of the Civil Rights Act of 1964 protects employees and job applicants from sexual harassment.
Employers must adhere to the law if they employ 15 or more people. Title VII prohibits sexual harassment under the guidelines of gender and sex discrimination.
The New York City Human Rights Law prohibits sexual harassment at work within the New York City borders. Employers and all associates in companies with four or more employees must abide by the law.
The New York State Human Rights Law also prohibits all New York State employers with four or more employees from sexually harassing employees or job applicants.
An educated and qualified sexual harassment lawyer in New York City can help determine the laws that best suit your case. Your New York City sexual harassment lawyer from the Derek Smith Law Group will make sure you do not miss any opportunities to get the compensation you deserve.
What is the Statute of Limitations to File a Sexual Harassment Claim in New York City?
The Equal Employment Opportunity Commission (EEOC) gives a time limit of 300 days to file a charge for sexual harassment. Once you file the charge, the EEOC will investigate. If there is evidence of discrimination, they will issue a Right to Sue letter. This letter gives you the right to file a complaint in federal court within 90 days.
The New York City Human Rights Commission (NYCHRC) governs the Human Rights Law. The time limit to file a claim with the NYCHRC is three years. The NYCHRC will investigate the claim and issue a Right to Sue letter to allow you to file your complaint in state court.
What Type of Proof Can Help Your Employment Sexual Harassment Claim in New York City?
The courts expect proof of a sexual harassment claim to help advance your case. Courts look for at least one of three forms of evidence.
- Direct Evidence. Direct evidence occurs when you can show a clear sign of sexual harassment. For instance, you have an email that shows your manager will give you a raise if you send him a naked photo. This email is direct evidence of a quid pro quo sexual harassment claim.
- Disparate Evidence. Disparate evidence shows a relationship between sexual harassment and negative employment actions.
For instance, your boss asks you on a date every day for over a month. You complain to HR about the continued sexual harassment. During this time, and all times prior, you received positive employee reviews and written praise.
A week after you complained to HR, your boss suspended you for two days for arriving to work 2 minutes late. The scenario is an example of disparate evidence.
- Policy Evidence. Policy evidence occurs when a policy promotes sexual harassment. For instance, company policy insists all women wear skirts or dresses above their knees and tailored shirts.
This policy targets women only. It dictates a dress code that is not consistent with job duties. Therefore, it is an example of policy evidence.
What Evidence Is Needed to Support Your Claim of Sexual Harassment in the Workplace in NYC?
Employment sexual harassment typically consists of numerous incidents. Keeping a detailed and accurate written log or diary of the incidents will help prove your claim. It’s important to include every detail, no matter how minor or personal. Victims should keep the following notes about each incident to help make their case:
- The time and date of all details
- All the people directly and indirectly involved.
- Offensive conversations or remarks
- Related Emails, text messages, or memos
- Complaints you made, when, to whom, what you said. Include the response
- Any reactions to the alleged sexual harassment
- How the incident made you feel
- How the incident affected your work performance
- How the incident affected your general well-being
Is Sexual Harassment Ever a Criminal Issue?
Sexual harassment in the workplace can be considered a criminal offense. It must meet certain criteria. If the following issues occur when you experience sexual harassment, you may have a criminal claim as well as a civil lawsuit.
- Forcible Touching
- Criminal Sexual Assault
- Sexual Abuse
- Ongoing Sexual Abuse
If these events occur, you may press charges with the police. You become a witness in a criminal case against your abuser.
However, you may also want to contact an experienced sexual harassment lawyer in New York City. The dedicated former sex-crimes prosecutors and sexual harassment attorneys at the Derek Smith Law Group can help you file a civil lawsuit in addition to your criminal case.
As a plaintiff in a civil lawsuit, you become a party to the case. In addition to seeking criminal charges, you can seek relief from the courts. This relief can help you move on from a job where you experienced sexual harassment.
Does Sexual Harassment in New York Only Apply to Employees?
Sexual harassment occurs in places other than the workplace. Title VII of the Civil Rights Act only applies to workplace sexual harassment. However, other laws help protect people from sexual harassment in places of public accommodation. There are also laws designed to protect people from sexual harassment in housing and education.
The New York State Human Rights Law and the New York City Human Rights Law prohibit sexual harassment in places of public accommodation. Public places include, but are not limited to:
- Movie theaters
- Live Theaters
- Public Golf Facilities
- Medical Provider Offices
Other laws prohibit sexual harassment in housing. The Fair Housing Act prohibits any type of sexual harassment or discrimination in housing. Therefore, landlords cannot evict you for refusing sexual advances. They cannot offer you a break in rent or other housing benefits in exchange for sexual favors.
Finally, Title IX of the Education Amendments of 1972 prohibits sexual harassment against students, staff, or faculty in any educational institution that accepts federal funding. Almost all schools accept some form of federal funding. Even private institutions accept students who use federal scholarships and grants to pay for their education.
How Should Your Employer Combat Sexual Harassment in the Workplace in New York City?
New York Law requires employers to provide sexual harassment training to employees. Under 2018’s Local Law 96, employers must conduct annual sexual harassment training for all employees. The law applies to any company with 15 or more employees.
The New York City Human Rights Commission has created an online training program. The program addresses all workplace sexual harassment concerns as required under the law.
Furthermore, employers must keep track of every employee’s completion of the training every year. Employers must also post sexual harassment information in the workplace. The information must get placed in an area with high employee traffic. It must be highly visible for all employees.
If you experience sexual harassment, let your attorney know if your employer ignored these regulations. Your employer’s neglect may help your case.
What Happens If Your Employer Ignores Your Sexual Harassment Complaint?
The first step towards battling sexual harassment in your New York City workplace is to file a complaint within your company. When you experience sexual harassment in the workplace, you have an obligation to report it to the proper authorities at work.
However, when your boss or HR department ignore your complaint, you have a right to seek other options to hold the company and your harasser accountable.
Because your employer ignored your complaint, they allowed the harassment to continue. Therefore, you have a right to file a lawsuit against your harasser and your employer.
If your employer ignores your New York City sexual harassment complaint, you need an attorney who will help you file your lawsuit to stop the harassment and receive justice. The sexual harassment attorneys at the Derek Smith Law Group in New York City can help ensure your claim is filed properly with the correct organization.
How Long Will A Sexual Harassment Lawsuit Last in New York City?
The courts in New York City look very unfavorably upon employers that sexually harass employees and job applicants. Therefore, it is in the employer’s best interest to avoid going to court if possible. Your case may settle before trial in as little as 4 to 6 months.
In some cases, the employer may have a policy of not settling these types of lawsuits, forcing the case to go to trial. If that is the case, the lawsuit process can take anywhere from a year to 10 years or longer.
The experienced sexual harassment lawyers at the Derek Smith Law Group will help ensure your case settles as quickly as possible. However, sometimes, cases will go to trial. Your sexual harassment attorneys will keep the trial moving as smoothly as possible.
Schedule a Free Consultation with our experienced NYC Sexual Harassment Lawyer
What Relief is Available for Sexual Harassment in New York City?
There are several remedies available through the NYC courts if an employee is the victim of sexual harassment in the workplace. Courts may insist upon reinstatement of your position. They may also offer additional benefits, such as lost wages, payments for emotional distress, and more.
The Derek Smith Law Group will ensure you work with an exceptional Sexual Harassment Attorney in New York City to get the relief you need.
What Should be Done to Prepare for Filing a Complaint for Sexual Harassment in the Workplace?
If you are a victim of sexual harassment in your New York City workplace, you should begin to take action immediately. Before you file your claim with the proper agency, there are a few steps you should take to help your case.
- If you have not been terminated or quit, do not leave your job without meeting with a sexual harassment lawyer in New York City.
- Begin collecting evidence. Start to document everything. Include the date the incident occurred, who was involved, what happened, and who witnessed the incident.
- If your company has an HR department, file a claim of sexual harassment with them. Make sure to document any letter or complaint you file.
- If your company has policies and procedures to help deal with sexual harassment, follow the described protocol, as provided.
- Hire a sexual harassment attorney to help file your claim and advocate your case.
Why Should You Work with a Sexual Harassment Lawyer to File Your New York City Complaint?
Sexual harassment law is often complex. Different laws provide different rights. If you do not file your complaint with the proper agency or in the proper time frame, you can lose your right to compensation.
A qualified sexual harassment lawyer, like the sexual harassment attorneys and former sex-crimes prosecutors at the Derek Smith Law Group, can help you ensure your case is heard. Your lawyer can help ensure you file your claim with the proper agency within the appropriate time frame.
Furthermore, your lawyer can help you determine the best laws to fit your claim, the remedies that help you the most, and how to utilize your evidence in the best way possible.
Your employer will have a qualified attorney helping him fight your case. Do not go in blind and hope to come out victorious.
Derek Smith Law Group Is Proud to Serve the New York City Area.
Our talented team of sexual harassment attorneys is proud to live and work within New York City and its surrounding areas. Whether traveling through Times Square or enjoying a day in Central Park, our team of attorneys encompasses the true spirit of a New Yorker.
Therefore, we understand the needs of New York City Employees. The city that never sleeps and is home to Broadway Theater requires employers to respect employees’ need for a solid work-life balance.
However, it also requires employers to respect the diverse culture that makes up the citizens of New York. New Yorkers are proud of their differences. They are proud of their ability to see each other as human, as opposed to their gender or sexuality.
Whether working on Wall Street, Broadway, Restaurant Row, or any number of other businesses within the 5 borrows of New York City (Manhattan, Bronx, Queens, Staten Island, or Brooklyn), the Derek Smith Law Group will do everything in its legal power to help protect your rights against sexual harassment.
Contact Our NYC Sexual Harassment Attorneys for a Free Consultation
If you are the victim of sexual harassment in the workplace, the experienced NYC sexual harassment attorneys at Derek Smith Law Group are here to help. Call us at (212) 587-0760 for a free consultation. We do not collect any money until we win your case.
We represent clients with sexual harassment and discrimination related issues throughout the state of New York including Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, and Suffolk County.
Different Types of Sexual Harassment Cases We Handle:
- Hostile Work Environment
- Quid Pro Quo
- Unwelcome Request For Sex
- Sexism in the Workplace
- Sexual Bribery
- Sexual Gift-Giving at Work
- Sexual Harassment by a Supervisor
- Workplace Sexual Coercion
- Non-Employee Sexual Harassment
- Gay and Lesbian Sexual Harassment
- Sexual Harassment at Off-Site Events
- Stalking in the Workplace
- Criminal Sexual Conduct
- Sexual Joking
- Co-Worker Sexual Harassment
- Sexual Orientation Harassment
- Unwanted Physical Contact
- Same-Sex Sexual Harassment
- Sexual Harassment at Office Holiday Parties
For more information on sexual harassment in the workplace, read our employment law blog:
- Reasons for Victims of Sexual Harassment Would Refuse To Report It
- Three NYC Sexual Harassment Myths Debunked By HR Personnel
- 5 Ways to Recognize Sexual Harassment in the Workplace
- Reporting Sexual Harassment in New York: The Value of Speaking Up
- The Five R’s of Preventing Sexual Harassment in the Workplace
- Do I Have a Sexual Harassment Case in New York City?
- Can Sexual Harassment Occur Online?
Facts About New York City
- New York City called the City of New York or New York (NY).
- New York City is the most populous US city. It is situated on the southern tip of New York State.
- In 1789, New York City became the first US capital.
- New York City is comprised of five suburbs: The Bronx, Brooklyn, Manhattan, Queens, and Staten Island.
- The United Nations is headquartered in New York City.
- New York City is the center of the urban area of New York. It is the world’s largest metropolitan region.
- New York City is a densely populated city. However, it is also home to some famous places such as Central Park, the Brooklyn Bridge, Statue of Liberty, Broadway, and Times Square.
- New York City is located in the northeastern section of the United States.
- Times Square, the most bustling section of New York City, is known for its access to many Broadway shows.
- New York is a city with a rich history and many attractions.
- New York City was originally called New Amsterdam.
- New York City has some famous universities, including Columbia University, New York University, and Rockefeller University.
- New York City telephone Number codes include 212, 646, 332, 718, 347, 929, and 917.
We take pride in being part of the bi-coastal Derek Smith Law Group. We look forward to providing you with legal services in New York City and its surrounding areas.