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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 New York City 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 NYC?
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?
According to the Equal Employment Opportunity Commission (EEOC), there are two types of sexual harassment claims:
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.
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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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 Evidence Is Needed to Prove Sexual Harassment in the Workplace in NYC?
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
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.
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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.
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.
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 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 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.
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 simply New York (NY) in the United States.
- New York City is the most populous US city and Situated on the southern tip of New York State.
- In 1789, New York City became the first US capital.
- New York City comprises of five suburbs where are The Bronx, Brooklyn, Manhattan, Queens, and Staten Island.
- We take pride in being Derek Smith Law Group.
- New York City is headquarters of the United Nations.
- New York City is the center of the urban area of New York, the world’s largest metropolitan region.
- Although New York is a densely populated city, it has some famous places such as Central Park, the Brooklyn Bridge, Statue of Liberty, Times Square.
- New York City is located in the northeastern United States and most populous city in the US.
- Times Square, the most bustling square of New York is known for its many Broadway.
- New York is a city with a rich history and attractions, New York city was originally called New Amsterdam.
- We look forward to providing you with the legal services in New York.
- New York City’s have some famous universities, including Columbia University, New York University, and Rockefeller University.
- New York City telephone Number code start from 212/646/332, 718/347/929, 917.