Sexual Harassment Attorneys in New York City

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NYC Sexual Harassment Attorneys

Sexual harassment in the workplace in New York City is when an employee or job applicant receives unwelcomed sexual contact or hears comments and is harassed in a sexual manner by his or her fellow employee, supervisor, manager, company CEO or any person associated with his or her place of business. This is not only highly unethical; it is illegal.

The experienced sexual harassment lawyers at Derek Smith Law Group has worked for over 25 years helping victims, like yourself, who have been victimized by sexual harassment in the workplace receive the justice they so rightly deserve.

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What Is Sexual Harassment in New York City?

Sexual Harassment in New York City is illegal. It is the unwanted sexual advances and comments of a sexual nature from an employer, manager, supervisor, co-worker, and business associate against an employee or job applicant. This can come in the form of verbal comments, physical acts of a sexual nature, retaliation, wrongful termination, or a hostile work environment of any type brought on by unwanted sexual advances.

What Are the Types of Sexual Harassment in the Workplace?

Sexual harassment in New York City comes in two forms.

1. Quid pro quo:

This phrase means “this for that.” In other words, this is a favour for a favour, or favour or advantage granted or expected in return for something.
For example, the quid pro quo would occur if you:
● Suffered a pay cut
● Were denied a promotion
● Were fired because you refused a date, sexual favour request, or other sexual advances.

On the other hand, if you received a raise, bonus, or promotion only after fulfilling specific sexual requests, it could also be considered workplace sexual harassment.

2. Hostile Work Environment:

A hostile work environment claim for sexual harassment is when an employee is subject to unwelcome behaviours such as sexual comments or actions of a sexual nature.
These actions create an intimidating, unpleasant, or offensive business atmosphere. They also unreasonably interfere with your job performance.
Examples of actions that may cause a hostile work environment include:
● Offensive comments
● Inappropriate materials or graffiti
● Sexually suggestive innuendos
● Sexual jokes
● Sexual social media posts
● Sexual gestures
● Unwanted physical touching.

To prove a hostile work environment, you must show:
● An employee or job applicant was subjected to unwelcome harassment
● The harassment was sexual in nature
● The harassment affected a term, condition, or privilege of employment
● The conduct was severe and pervasive
● The employer was or should have been aware of the harassment took no action, insufficient action, or exacerbated the problem

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What Laws Protect Employees from Sexual Harassment in the Workplace in New York City?

Sexual harassment is illegal through federal laws and local laws. These laws protect employees from sexual harassment in New York City. Title VII of the Civil Rights Act of 1964 prohibits those associated with companies with 15 or more employees from sexually harassing employees or job applicants. This falls under the rights regarding gender and sex discrimination.

The New York City Human Rights Law prohibits employers and all associates in companies with 4 or more employees from sexually harassing any employee or job applicant.

The top NYC sexual harassment lawyers can help you determine where is the best place to file your claim and get you the compensation you deserve.

What Evidence Is Needed to Prove Sexual Harassment in the Workplace in New York City?

Workplace Sexual harassment typically consists of numerous incidents. Keeping a detailed and accurate written log, or diary, of the incidents will help prove your claim of sexual harassment. This log will provide evidence of what took place and when. It’s important to include every detail, no matter how minor or how personal. Victims should be keeping the following notes about each incident to help make their case:

  • Each specific incident, including the time and date of all details
  • All the people directly and indirectly involved
  • Offensive conversations or remarks
  • Emails or memos you have received
  • Complaints you made, when, to whom, what you said and the response
  • Any reactions to the alleged sexual harassment
  • How the incident made you feel
  • How the incident affected work performance
  • How the incident affected your general well-being
What Are Examples of Sexual Harassment in the Workplace in New York City?

Sexual harassment in the workplace can take many forms. It can be sexual advances, unwanted sexual advances, jokes that are sexual in nature, and much more. Here are some examples of sexual harassment in New York City:

Sexual harassment in the workplace can happen outside of the workplace as well. Any time an event is sponsored by the company or part of the course of business, the same laws regarding sexual harassment apply.

Sexual harassment can be between people of different sexes or the same sex and can victimize both men and women.

What Is the Statute of Limitations to File a Sexual Harassment Claim in New York City?

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 Relief is Available for Sexual Harassment in New York City?

If an employee is the victim of sexual harassment in the workplace, there are several remedies available through the court:

  • Termination of individuals who committed sexual harassment
  • Reinstatement of employment
  • Attorney’s fees
  • Reimbursement of back pay
  • Reimbursement of benefit premiums
  • Future pay
  • Reimbursement of expenses related to the claim, such as medical expenses
  • Attorney’s fees
  • Damages for emotional distress
  • Punitive damages designed to punish the employer. These damages can be based on the size of the employer, the nature of the actions, and whether this behavior has occurred before.
How Long Will A Sexual Harassment Lawsuit Last in New York City?

The courts in New York City look very unfavourably at employers that sexually harass employees and job applicants. Therefore, it is in the employer’s best interest to avoid going to court if possible. The 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.

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. Leaving your job will hurt your case.
  • Begin to collect 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.
  • If your company has policies and procedures to help deal with sexual harassment, follow the described protocol described.
  • Hire a sexual harassment attorney

Contact Our New York City 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 in sexual harassment and discrimination related issues throughout the state of New York. We help clients in Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, and Suffolk County.

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