Derek Smith Law Group / Employment Law / Workplace Harassment Attorneys / Workplace Harassment Attorneys in New York City

Workplace Harassment Attorneys in New York City

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What Is Workplace Harassment in New York City?
What Evidence is Needed to Prove Workplace Harassment in New York City?
Contact Our Experienced New York City Workplace Harassment Attorneys for a Free Consultation

Workplace harassment in New York City occurs when an employee is treated in a manner which would be seen as offensive or perverse because of specific characteristics that are protected by law. This type of treatment is also known as a hostile work environment and is illegal. For the past 25 years, the attorneys at the Derek Smith Law Group has helped victims of workplace harassment receive the compensation they deserve.

What Is Workplace Harassment in New York City?

Workplace harassment is also known as creating a hostile work environment. In New York City, it is not illegal for an employer, supervisor, manager, CEO, or fellow employee to be mean or treat you poorly. However, it is illegal for this treatment to be based on your race, religion, gender, sexual orientation, national origin, disability, age, pregnancy, gender identification, military status, citizenship status, or any other protected class.

This type of treatment must be offensive by more than a petty, slight, or trivial inconvenience. Workplace harassment may come in the form of offensive jokes, berating, offensive name-calling, physical threats of violence, threats affecting the quality of your work environment, and more.

What Evidence is Needed to Prove Workplace Harassment in New York City?

In order to prove workplace harassment, you must prove three things.
1. The harassment is based on you being a member of a protected class. Under Title VII of the Civil Rights Law of 1964, a protected class includes:

Race
National origin
Color
Gender
Disability
Age (over 40)
Pregnancy
Sexual orientation
Gender Identity
Religion
Military status
Citizenship

2.The harassment is more than a petty, trivial, or slight inconvenience. In New York City, this is a more lenient definition of harassment than in mother states. However, it means that the harassment must present a problem and be offensive, but it does not necessarily mean it needs to be severe.

3. The workplace harassment makes your job unbearable, causing a reasonable person to quit the place of employment if able. You may stay at a place of employment even when experiencing workplace harassment because you may not have another option at the moment. However, that does not mean a reasonable person with options would stay employed. The fact that the harassment is unbearable may be evidence of the extreme pain and suffering you endured just to make sure you still receive a paycheck.

What Qualifies as Workplace Harassment?

Workplace harassment, or a hostile work environment, occurs when you are harassed by your employer, co-worker, supervisor/manager, or CEO. As mentioned, this has to be based on you being a member of a protected class. Here are some examples of workplace harassment:

You are constantly called a dumb woman by your boss
Your co-worker makes racist jokes about you and your friends
Your supervisor often sends emails with comics that make fun of different religions or are racist
Your CEO calls you the fat, pregnant lady when referring to you or even speaking to you
You come into work and have hearing aid adds plastered around your desk. You are over 40 years old. This happens at least once a week even after you ask for it to stop.
Your boss constantly uses racial slurs around the office, no matter who is around
Your supervisor is always using homophobic slurs when talking to you
Your boss makes fun of your religious traditions every chance he gets, even when you have repeatedly asked him to stop
Your boss berates you whenever you need to take a few days off for your chemo treatments or radiation treatments
Your boss threatens to physically harm you because he thinks your accent is detrimental to the reputation of the company
Your boss tries to imitate your foreign accent whenever reprimanding you
Your co-worker yells at you and tells you to “go back to where you came from.”
Your employer says you can get promoted if you have sex with him
Your employer constantly gropes you even though you have made it clear you are not interested and want him to stop

What is the Statute of Limitations to File a Workplace Harassment Lawsuit in New York City?

Filing a workplace harassment lawsuit in New York City depends on the claim in which you want to use for your case. You have between 300 days and 3 years to file your claim.

If your claim is based on discrimination and you wish to use Title VII as your basis, you have a time limit of 300 days to file a claim with the Equal Opportunity Employment Commission (EEOC). The EEOC will investigate the claim and issue a Right to Sue Letter if you have a valid Title VII claim of workplace harassment.

The New York City Commission on Human Rights (NYC CHR) provides a time limit of 3 years to file your lawsuit for workplace harassment.

What Remedies Are Available to Victims of Workplace Harassment in New York City?

Victims of workplace harassment in New York City are entitled to compensation under the law. Some of the remedies available through the courts include:

Removal of the supervisor or individual responsible for the harassment
Reimbursement of medical and other related expenses
Review and revamping policies and procedures concerning workplace harassment
Pain and suffering
Emotional Distress
Attorney’s fees
Punitive damages

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

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How Long Will Workplace Harassment Litigation Take to be Resolved in New York City?

A workplace harassment lawsuit in New York City can take anywhere from 4 to 6 months to a year or longer to resolve. If your employer is willing to negotiate a fair settlement with you, your case may settle within 4 to 6 months without ever having to step foot in a courtroom.

However, if your employer refuses to negotiate a fair settlement or wants to take your case to court as a matter of policy or principle, the preparation for trial may take 8 months to a year or longer.

The actual trial may then take an additional few days to several weeks or more before a judgment is entered.

A Few Thing You Can Do Right Now

As a victim of workplace harassment, it is not easy to decide what your next step should be. However, as you decide on whether or not to file suit, here are a few things you can do to help prepare for your decision:

Contact an experienced workplace harassment attorney immediately.
If you have not quit your job or been fired, do not quit until you speak with an attorney.
If you have an HR department, file a workplace harassment claim in writing.
If your company has a policy regarding workplace harassment, follow it.
Gather evidence. Document every instance of workplace harassment. Include who was involved, when and where it occurred, what occurred, and any witnesses. Also collect any harassing emails, texts or notes and/or photos.
Do not waste time. You have a small window to file a claim for workplace harassment. Do not wait until it is too late.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced New York City Workplace Harassment Attorneys for a Free Consultation

All employees have a right to work in an environment in which they are not the victim of offensive or harassing gestures or language based on being a member of a protected class.

If you are the victim of workplace harassment in New York City, the experienced attorneys at the Derek Smith Law Group can help.

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