Sexual Harassment Lawyer in New York City, New York
Our New York City Sexual Harassment Attorney Explains Sexual harassment Laws, What Is Sexual Harassment and How Our Expert Attorneys Can Help With Your Sexual Harassment Case or EEOC Claim
When dealing with a workplace sexual harassment EEOC claim or lawsuit employees should remember New York City, New Jersey and Philadelphia anti-harassment (e.g. sexual harassment/sexism in the workplace ) and anti-discrimination (sex/gender discrimination) laws are some of the most pro-employee, comprehensive civil rights laws in the country and with New York City having well over 3.5 million private sector employees and another 250,000 city employees there are nearly 15,000 sexual harassment or gender discrimination lawsuits filed in New York City every year. Sexual harassment is a form of gender-based discrimination and no employee deserves to be harassed, discriminated against or mistreated at work. However, in New York City, New Jersey and Philadelphia workplace gender discrimination, sexual harassment and occupational sexism occurs far to often and when it does you need an experienced and dedicated New York City sexual harassment attorney. Whether you are a man or a woman, regardless of your sexual orientation (Gay, Straight or Bi-Sexual), workplace sexual harassment and sexism is illegal. However, with the right New York City sexual harassment lawyer in your court, and proper knowledge of New York & New York City sexual harassment laws, which protect your rights as an employee, you can fight back.
Workplace Sexual Harassment Attorney in New York City, NY
When your are a victim of workplace sexual harassment whether in New York City, New Jersey or Philadephia the most difficult decision is the decision to no longer accept it. New York City sexual harassment lawyer Derek T. Smith can and will assist you through this difficult and confusing legal process by helping you to formulate your sexual harassment EEOC complaint, assisting you with the investigation stages of your sexual harassment EEOC complaint and, if necessary, vindicating your right to defend yourself from unlawful harassment through litigation in New York City, New York State, New Jersey or Philadelphia courts. Verdicts in New York for sexual harassment, hostile work environment, quid pro quo and other NYC workplace harassment claims can be high, and employers will often deny wrongdoing and will even protect employees who sexually harass to avoid having to pay damages. If you are experiencing sexual harassment or other unlawful workplace harassment contact the premier New York sexual harassment lawyer, Attorney Derek T. Smith. | Abogado de Acoso Sexual de la Ciudad de Nueva York.
The New York City sexual harassment lawyers at the law firm of Derek Smith Law Group, PLLC are well-versed in New York State, New York City and federal labor & employment laws. We use our legal savvy, vast education and compassionate attitude to secure positive results for victims of workplace sexism and sexual harassment in and around New York City. Sexual harassment attorney Derek Smith, Rated one of the Top sexual harassment lawyers in New York City by SuperLawyers and Newsweek. Our sexual harassment attorneys are always listed as one of the Googles top New York City Sexual Harassment lawyers in internet searches. Attorney Derek T. Smith is also recognized by The New York Law Journal as having obtained one of the highest workplace discrimination jury verdicts in the state of New York.
New York City Sexual Harassment Attorney | One Penn Plaza, Suite 4905 New York, NY 10119 | 212-587-0760
What is NYC workplace sexual harassment / Gender discrimination in New York City, New Jersey, and Philadelphia?
Sexual harassment is defined as form of sex or gender discrimination. In New York City like any other city in America, sexual harassment can occur in the workplace under a variety of conditions, but in general, it involves an unwanted condition imposed on your employment because of your gender. This type of behavior in the work environment violates Title VII of the Civil Rights Act of 1964. Which describes “sexual harassment” as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
How does the New York City Human Rights Law define sexual harassment? | Sexism Attorney in NYC-NJ-PA
New York City sex harassment can occur in the workplace under a variety of conditions, but in general, it involves an unwanted sexual advance or conduct which negatively affects your employment. Harassment can be verbal, physical or pictorial.
According to NYC sexual harassment law, two types of sexual harassment exist:
1. Hostile work environment. A hostile work environment sexual harassment occurs when an employee is subject to unwelcome behaviors such as sexual comments or actions of a sexual nature that create an intimidating, unpleasant, or offensive business atmosphere, and/or unreasonably interfere with his or her job performance. Examples of actions that may cause a hostile work environment include offensive comments, inappropriate materials or graffiti, sexually suggestive innuendos, jokes that are sexual in nature, sexual social media posts, sexual gestures and/or unwanted physical touching.
In situations involving sexual harassment as a hostile work environment, an employee or group of employees must prove that the following conditions were met:
- A protected class 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 and did not take necessary remedial action (the employer took no action at all, took insufficient action, or exacerbated the problem)
If you have been exposed to hostile work environment sexual harassment, contact our hostile work environment sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
2. Quid pro quo. In this type of NYC sex harassment, the victim must choose between accepting or submitting to sexual advances and suffering one or more employment-related consequences. For example, New York City work harassment would fall into the quid pro quo category if a NYC employee suffered a pay cut, was denied a promotion, or was fired upon the refusal of a date, one or more requests for a sexual favor, or other sexual advances. On the other hand, if an employee received a raise, bonus, or promotion only after fulfilling certain sexual requests, it could also be considered workplace sexual harassment under New York State and New York City law.
The sexual harassment complainant does not have to be the person at whom the offensive conduct is directed, but anyone affected by the harassing conduct.
Sexual Harassment law in New York City as well as all over the country is constantly evolving, and there are a number of factors and details that are considered in determining New York City workplace harassment, including the following:
- The response of the employer to formal complaints filed internally
- The existing policies, procedures, and training protocol that relate to workplace harassment in New York City.
If you feel as you have exposed to Quid Pro Quo sexual harassment or workplace discrimination in New York City or Greater New York, contact the New York City sexual harassment lawyers at the Derek Smith Law Group for a FREE Sexual Harassment legal advice consultation. Our sexual harassment in NYC-NJ-PA attorneys charge no fee unless we recover for you.
What are The Different Types of Workplace Sexual Harassment and Sexism In New York City, New Jersey and Philadelphia? | New York City Sexual Harassment Attorney | Sexual Harassment Attorney in New York City
The different categories of workplace sexual harassment and sexism in New York City, New Jersey and Philadelphia?
Sexual harassment is often disguised in many forms. Inappropriate workplace behavior extends far beyond “sleep with me for a promotion”-type conduct. Tasteless jokes, supposedly funny pictures and improper touching can all be considered unlawful in a certain context. When unseemly conduct at your job starts to affect your work performance and emotional state, speak with a New York City sexual harassment lawyer right away. You may have options for legal recourse, and be entitled to collect compensation. You may find yourself subject to one or more of the following “Sexual Harassment” behaviors while at work.
For more information on New York City Sexual Harassment and how our sexual harassment attorneys can help, visit some of our other workplace sexual harassment related pages for additional information on New York state and New York City sexual harassment laws by following the links below:
Gay and Lesbian Sexual Harassment | Sexual Harassment Lawyer in New York City, New Jersey and Philadelphia
Teasing. Bullying. Harassment. Violence. These sound like adolescent problems for high school students. Regrettably, these are still prevalent issues surrounding adult gay and lesbian workers. The Gay and Lesbian community faces sexual harassment and discrimination at unsettling high rates in workplace. If you are being harassed at work, you may feel as though you do not have a chance to fight back. But — now is your time to stand up for your right to fair and safe work environment.
Sexual Harassment at Off-Site Company Events | Sexual Harassment Lawyer in New York, NJ and Philadelphia
Parties, picnics, and other off-site company events are perfect for co-worker bonding and provide a chance to let your hair down. Unfortunately alcohol, decreased inhibitions, and carelessness also provide a breeding ground for sexual harassment. You might not think you have a sexual harassment claim if the incident took place off-site or after-hours. However, your employer might still be responsible in a court of law.
Stalking in the Workplace | Sexual Harassment Lawyer in New York, NJ and Philadelphia
What is Workplace stalking? Workplace stalking is illegal and you do not have to take it. At the highest level, stalking in the first degree — a Class D Felony — the stalker has “intentionally or recklessly” caused physical injury.
Unwelcome Requests For Sex | Sexual Harassment Lawyer in New York, New Jersey and Philadelphia
Few situations are more uncomfortable than unwanted requests for sex in the workplace. You are at work to get your job done — not to be the subject of sexual harassment. Under federal law, in addition to New Jersey, Philadelphia, New York City and State law, it is illegal to demand sex from an employee or co-worker.
Can a person go to jail for Workplace Sexual harassment? | Criminal Sexual Conduct in the Workplace | NYC-NJ-PA
While most cases of sexual harassment are civil, New York City, New Jersey and Philadelphia laws recognizes several types of non-consensual sexual behavior and classifies them by varying degrees of the law which can be criminal in nature.
Sexual Bribery | Sexual Harassment Lawyer in New York City, New Jersey and Philadelphia
What is sexual bribery? A sexual bribe is the solicitation of sex, any sexual activity or other sex linked behavior for promise of elevation in work status or pay. A sexual bribe may be either overt or subtle, but falls under the type of Quid Pro Quo sexual harassment. Quid Pro Quo is a 16th century Latin term meaning “this for that”.
Sexual Joking | Sexual Harassment lawyer in New York City, New Jersey and Philadelphia
What is Sexual Joking in the Workplace? When funny comments cross the line to offensive comments, lewd conversations and inappropriate sexual joking, it can create an intimidating, uncomfortable working environment. Being exposed to unwelcome sexual jokes, or being the target of sexual teasing at work is not funny — in fact, it’s illegal. If you have been exposed to this type of sexual harassment contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
What is considered Sexism in the Workplace? | Our NYC-NJ-PA Sexual Harassment Attorney Explains.
Occupational sexism (also called sexism in the work place and employment sexism) refers to any prejudice, stereotyping, or discrimination, typically against women, on the basis of sex. Some of the most common types of sexism are:
- Stereotypes – The belief that a woman’s place is at home with the children
- Salary / Wages – If you are being paid less than you equally qualified counterparts because of your gender.
- Raises / Promotions – being just as qualified or more qualified than their male co-workers, yet still passed over for a promotion or denied a raise while less qualified male employees are promoted and given raises.
Sexual Gift-Giving at Work | Sexual Harassment Attorney NYC-NJ-PA
Can giving a gift be considered sexual harassment? When a present from a co-worker crosses the line, you may be entering sexual harassment territory. Giving someone sexually explicit gifts at work is not only unseemly, it might be illegal. It may create a hostile work environment. If you have been exposed to this type of sexual harassment contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
Co-Worker Sexual Harassment | Sexual Harassment Attorney NYC-NJ-PA
You might have been told employment sexual harassment is only illegal if committed by your supervisor. That just isn’t so — there are many situations where you can pursue legal recourse if you have been sexually harassed by colleagues or workplace peers. Co-worker sexual harassment often creates a hostile work environment. If you have been exposed to this type of sexual harassment contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
Supervisor Sexual Harassment | Sexual Harassment by your supervisor or manager
The U.S. Equal Employment Opportunity Commission’s guideline state that an employer is automatically liable for harassment or sex harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If you have been exposed to sexual harassment by a supervisor, contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
Sexual Orientation Harassment | Sexual Harassment based on your sexual orientation
Sexual orientation harassment refers to harassment or differential treatment based on someone’s perceived or actual gay, lesbian, bi-sexual, or heterosexual orientation. If you have been exposed to sexual harassment by a supervisor, or would like more information on sexual orientation harassment, contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
Sexual Coercion in the Workplace | Sexual Harassment Lawyer in New York City, New Jersey and Philadelphia
By definition, sexual coercion is “the act of using pressure by intimidation, alcohol or drugs, or force to have sexual contact with someone against his or her will.” Sexual Coercion can be overt or covert which makes it hard to identify. Sexual coercion includes all forms of sexual contact, including intercourse, oral sex, kissing, petting and more. Abusers use a range of pressure tactics to convince the victim to submit to sexual activity when the victim has already refused. If you have been exposed to sexual coercion, sexual harassment, contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
Unwanted Physical Contact | Sexual Harassment Attorney in New York, New Jersey and Philadelphia
Has your personal space been violated at work? Did someone touch or abuse you without your consent? One of the most traumatizing forms of sexual harassment is unwanted physical contact. Unwelcome touching can range from offensive shoulder patting to outright sexual assault. If you have been exposed to Unwanted Physical Contact, sexual harassment, contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
Non-Employee Sexual Harassment | Sexual Harassment Attorney in New York, New Jersey and Philadelphia
The customer is not always right. When you are sexually harassed by someone who does not work for your organization, your employer may be held legally responsible for the abuse. When your employer fail to make your workplace a safe place free from all types of sexual harassment, verbal harassment, emotional harassment and physical harassment, you deserve to stand up for your rights. If you have been exposed to Non-Employee Sexual Harassment, contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
Same-Sex Sexual Harassment | Sexual Harassment Attorney in New York City, New Jersey and Philadelphia
You might not think it is illegal because you were tormented at your New York City, New Jersey or Philadelphia workplace, by a member of your own gender. However, sexual harassment far extends the typical scene of a male boss seducing a young, female employee. Men can and have been known to sexually harass other men at work, and women can sexually harass other women at work— in either instance, the behavior is deplorable and illegal. If you have been exposed to same-sex sexual harassment, contact our sexual harassment lawyers in New York City, New Jersey and Philadelphia for a free consultation today.
Sexual Harassment Legal Timeline | Gender Discrimination Laws | New York City Sexual Harassment Lawyer
To be protected by the New York City Human Rights Law, which governs sexual harassment, occupational sexism and gender discrimination standards in NYC, the company or organization must have four or more employees. The Human Rights Law is Title 8 of the Administrative Code and it incorporates all the amendments since 1991 when the Law was revised. The Code is intended to prevent discrimination of protected classes in the workplace. You cannot be treated differently or unfairly based on your sex, gender, sexual orientation, race, religion, ethnicity, pregnancy or disability. The laws against sexual harassment were developed through a long line of court cases which strengthened the employee protections all employers are now governed by. Some of the most notable sexual harassment court cases are:
- 1964 – The Civil Rights Act of 1964 is passed into law and while this newly formed law laid the foundation for the cases to come it did not include provisions for sexual harassment.
- 1976 – Williams v. Saxbe – Brought by Dianne R. Williams, the first court case which stated that sexual harassment (Quid Pro Quo) is a form of sex/gender based discrimination.
- 1977 – The 1974 decision on appeal in Barnes v. Train which was originally Barnes v. Costle, this sexual harassment case proved that retaliation is sexual harassment and is covered under Title VII.
- 1980 – The Equal Employment Opportunity Commission (EEOC) states that it will compel compliance of Title VII with the clause that unwanted sexual advances are a form of sexual discrimination.
- 1981 – Bundy v. Jackson – the 52 the District of Columbia Circuit Court of Appeals recognized a “Hostile Work Environment” as discrimination under Title VII
- 1985 – McKinney v. Dole – the court ruled that physical violence could be considered sexual harassment, even if it was not sexual, but that the violence happened or would not have happened if not for the employees gender.
- 1986 – Meritor Savings Bank v. Vinson – Mechelle Vinson’s case is heard by the United States Supreme Court which stated that sexual harassment can be placed in two categories both actionable under Title VII. (1) Quid Pro Quo sexual harassment and (2) Hostile Working Environment sexual harassment. The court also held that companies are liable for the actions of their supervisor/managers.
- 1988 – Jenson v. Eveleth Taconite Co. – Lois Jenson, led her 14 female co-workers in the first class-action sexual harassment lawsuit. Jenson vs. Eveleth Mines proved women could prevail as a group against sex-based employment discrimination. The case forced employers across the country to adopt substantial anti-sexual harassment policies. The 15 women settled with Eveleth Mines for for $3.5 million. The sexual harassment case became the subject of a book entitled “Class Action” in 2002 and was made into a film called “North Country” starring Charlize Theron in 2005.
- 1990 – The Equal Employment Opportunity Commission (EEOC) states that sexual favoritism constitutes sexual harassment.
- 1991 – Anita Hill and Clarence Thomas Sexual Harassment Senate Hearings: A law professor at the University of Oklahoma Law Center, Anita Faye Hill accused Clarence Thomas of workplace sexual harassment while employed under him for two years at the U.S. Department of Education and the Equal Employment Opportunity Commission (EEOC) during the 1991 Senate hearings on the confirmation of Clarence Thomas to the U.S. Supreme Court to fill the seat vacated by Justice Thurgood Marshall.
- 1991 – Paula Jones v. President Bill Clinton: Paula Jones, who was employed by the state of Arkansas while Clinton was Arkansas Governor, alleged that Clinton exposed his privates before requesting oral sex while the two were in a hotel room. The case was eventually thrown out, however it did shine a light on the Presidents sexual behavior which led to the uncovering of the Monica Lewinsky sex scandal.
- 1997 – Farley v. American Cast Iron Pipe Co. – Anita Farley’s case heard by the Eleventh Circuit, United States Court of Appeals found that an employer with a stern sexual harassment policy can not be held liable in a sexual harassment case unless an employee reports the sexual harassment and the employer fails to act.
- 1998 – Faragher v. boca raton – Beth Ann Faragher’s case is heard by the United States Supreme Court which states that an employer can be liable for the actions of sexual harassment by it’s supervisors unless “Resonable Care” is taken is taken in steps to prevent sexual harassment from occurring and to provide a channel in which it’s employees can report any harassment that does occur. This forces employers to educate and police sexual harassment between it’s own walls to avoid liability.
- 1998 – Oncale v. Sundowner Offshore Services, Inc. – Joseph Oncale’s case brings about the United States Supreme Court’s decision that under Title VII, women and men alike are able to file same-sex harassment lawsuit.
The Human Rights Law sees sexual harassment as a form of sex-based discrimination. Sex-based discrimination is illegal and may be compensable by law. In other words, if you were harassed at work and your employer did nothing to correct the situation, you may be able file a lawsuit in court. The New York City, New Jersey and Philadelphia sexual harassment lawyers at the Derek Smith Law Group will guide you through this process starting with a free consultation to evaluate your sexual harassment claim. Our sexual harassment lawyers are New York City, New Jersey and Philadelphia top attorneys in the area of sexual harassment and employment discrimination law and our attorney receive verdicts that bear this out year after year. The sexual harassment lawyers at the Derek Smith Law Group have earned the some of the highest verdict returned in Sexual Harassment and employment discrimination cases in New York City, New Jersey and Philadelphia.
Retaliation and sexual harassment at work | Speak with a NYC-NJ-PA Sexual Harassment Attorney today.
What do you do if you’ve spoke up against sexual harassment in your organization and are now facing negative consequences for doing so? The New York City sexual harassment Lawyers at the Derek T. Smith Law Group will advise you that a claim of workplace retaliation can help support a sexual harassment lawsuit in cases where it appears that the employer fired the employee as punishment for having asserted a protected right under New York City or NY state law. You may have a claim for retaliation if you were fired, demoted or treated unfairly for filing a sexual harassment claim, testifying in court or being involved in investigation, this is illegal in New York. The Law protects you against retaliation as long as you have a reasonable good faith belief that the employer’s conduct is illegal, even if it turns out that you were mistaken.
New York City Sexual Harassment Attorneys | EEOC Claims Attorneys | New York, New Jersey & Philadelphia
Questions a New York City sexual harassment Lawyer can answer for you:
When you have been sexually harassed in the workplace, you may seek the advice of a New York City sexual harassment lawyer for a number of reasons. If you are uncomfortable with how to report the harassment within your office setting, a sexual harassment attorney can help you to best navigate the system and report the harassment appropriately. Your New York City sexual harassment attorney can evaluate your situation and answer the many questions you may be facing.
- What is sexual harassment in New York City?
- What are some examples of sexual harassment?
- What to Do If You Are Sexually Harassed at Work?
- What are there time limits for filing sexual harassment charges?
- What is the timeline of an New York City Sexual Harassment Case?
- Can you sue for sexual harassment if the harasser is not an employee?
- Can I be punished by my employer if I report sexual harassment at work?
If you are considering filing a sexual harassment lawsuit or an EEOC claim, our New York City sexual harassment lawyers can represent you through all legal proceedings. Our sexual harassment lawyers offer a FREE Sexual Harassment legal advice consultation and we charge no legal fee unless we recover for you in your sexual harassment lawsuit or EEOC claim. The sexual harassment attorneys at our law firm are some of the most knowledgeable in New York, New Jersey and Philadelphia.
Finding the right sexual harassment lawyer in New York City, New Jersey and Philadelphia
Every sexual harassment case is unique, and different attorneys will offer different types and levels of experience. When choosing the best New York City sexual harassment lawyer for you, a good fit is important. In other words, you should feel comfortable and safe with your New York sexual harassment attorney. This is important because you may need to share very personal information with your lawyer, but you must first feel at ease with him or her before you can do so.
There are also certain qualities you should seek when choosing among sexual harassment lawyers in New York, including the following:
- Experience. Your New York City sexual harassment lawyer should have extensive courtroom practice not only in New York City, but all of New York.
- A New York City Sexual Harassment lawyer should feel so strongly about your lawsuit that your should not be charge a fee unless your Attorney recovers damages in your case.
- Trial record. The most reliable New York City sexual harassment lawyers will have successful track records with New York Labor & Employment laws, sexual harassment and discrimination cases.
- Published works and academic achievements. Do some research to see if your sexual harassment attorney in NYC has published any articles in the field, if he or she has received any honors or other academic accolades, or if he or she has given any significant lectures. By doing this, you can get an idea of your attorney’s level of accomplishment in New York City sexual harassment law.
- Ethics. You want an New York attorney who is trustworthy and honest. Consult your lawyer’s Martindale-Hubbell AV rating to see how he or she rates among peers.
- Support staff. Your sexual harassment attorney in New York City should be surrounded by a team of skilled and knowledgeable colleagues and support staff who can produce accurate and efficient work toward your sexual harassment case.
- Client testimonials. Try to speak with other clients of your New York City lawyer—they can give you an idea of what it is like to work with not just their attorney but their law firm as a whole. Trust word of mouth recommendations from friends.
NEW JERSEY SEXUAL HARASSMENT | NEW JERSEY SEXUAL HARASSMENT LAWYERS AND LAWS
WHAT IS SEXUAL HARASSMENT IN NEW JERSEY? | Sexual Harassment Attorneys in New Jersey
A recent survey conducted magazine discovered that a surprising number of New Jersey employees had suffered some form of sexual harassment in the workplace. They found that as many as one in three employees have been sexually harassed while employed in New Jersey. While shocking, these numbers may not be completely accurate. In New Jersey, there is a seventy-one percent chance that sexual harassment will go unreported. Most people believe that if they were sexually harassed at work, they would certainly file a complaint. But as is often the case, the individual who is being sexually harassed is not quite aware that the conduct he or she has experienced, is harassment. If you think you have been sexually harassed at work call the New Jersey sexual harassment attorneys at the Derek Smith Law Group.
Sexual harassment in New Jersey is not always apparent. Ask any individual to describe sexual harassment and you will find most are aware of what the basic definition is; but sexual harassment comes in various forms making it difficult at times to differentiate between actual sexual harassment and harmless office flirting. If you feel you have been sexually harassed in the state of New Jersey, call today for a free consultation with one of our New Jersey sexual harassment Lawyers.
Under the New Jersey Law Against Discrimination (“LAD”) sexual harassment is not only illegal, but often causes undue hardships for everyone involved. Under the LAD, sexual harassment occurs when an individual, or a group of individuals subjects another individual to unwanted sexual conduct. This type of harassment refers to hostile environments created by unwelcomed sexual behavior, or sexual demands made in exchange for job benefits. Under the LAD, sexual harassment is a form of sex discrimination, which includes:
- sexually suggestive behavior, such as staring, leering, sexually suggestive jokes, comments, etc.;
- sexual propositions, such as continual requests for drinks, phone calls, or requests for sexual favors;
- sexual or physical contact;
- intrusive questions about sexual activity; or
- sexually explicit or offensive material that is displayed in a public place or work area.
Sexual discrimination in the New Jersey workplace can occur from a man or a women, and is prohibited under the LAD when an individual applies for a job, or at any time during the an individual’s employment.
The LAD allows individuals to bring claims against employers if the harassment is caused by supervisors, co-workers or non-employees, such as vendors.The LAD also provides two different forms of relief if an individual has been sexually harassed at work; administrative and judicial. An administrative complaint is enforced by the New Jersey Department of Law And Public Safety and the New Jersey Division On Civil Rights. Claims must be filed with the Division within 180 days of the harassment. The Division will conduct an investigation and attempt to settle the complaint. If the claim cannot be settled, then a hearing will be held at the Office of Administrative Law. Once a final decision has been made by the Director of the Division of Civil Rights, it may be challenged by filing an appeal with the New Jersey Superior Court. In the alternative, an individual may bring a claim directly to the New Jersey Superior Court.
Sexual harassment can occur in any type of work environment. Ingrained in our minds is the idea to respect our co-workers, supervisors and clients but when any one of those individuals engages in unsuitable behavior towards an individual, then action must be taken to correct the misconduct.
Once an employee becomes sexually harassed or experiences any misconduct by his/her employer, that employee becomes a victim. Many victims who experience sexual harassment do not report it. It may seem foolish that the victim would choose not to report this type of behavior but standing up to an individual who works for a company that issues our paycheck, can be quite a daunting task. Some of the common reasons why victims fail to report sexual harassment are:
- The sexual harassment victim often feels that he/she is to blame;
- The sexual harassment victim feels helpless;
- The sexual harassment victim feels that his/her complaint will not be taken seriously;
- The sexual harassment victim is afraid to lose his/her job;
- The sexual harassment victim feels embarrassed; or
- The sexual harassment victim believes that somehow he/she misunderstood the harassment.
It is extremely important for the victim to understand that he or she is not at fault. When the victim knows and understands his/her rights, it gives that individual a feeling of empowerment. Here at the employment law firm of the Derek T. Smith Law Group, our New Jersey sexual harassment attorneys are here to assist you. We will do everything we can to help you understand your rights as an employee as our sexual harassment lawyers fight for justice on your behalf.
New Jersey Sexual harassment may include unwelcomed sexual advances or the sexual harassment maybe a requests for sexual favors, along with other physical or verbal harassment of a sexual nature.
New Jersey sexual harassment law does not prohibit offhand comments, simple teasing, or isolated incidents that are not very serious, however it is illegal when the conduct is so severe or frequent that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being demoted or fired).
If you have experienced sexual harassment in the workplace it’s not unusual that you may feel frustrated, confused and emotionally drained. Being the victim means that you have been harassed and victimized against your will however, it does not mean you have to continue to suffer inappropriate workplace behavior or be subjected to a hostile work environment on a continual basis. Take control of the situation and put a stop to this inappropriate treatment immediately by calling one of our New Jersey sexual harassment attorneys the Derek Smith Law Group, PLLC.
It’s essential to obtain legal representation of a competent New Jersey sexual harassment attorney who is not only capable of fighting for your rights but passionate about your case as well. The Derek Smith Law Group, PLLC., New Jersey sexual harassment attorneys are just that. We take a personal interest in every client that comes through our office. Our New Jersey sexual harassment lawyers serve all of New Jersey including Newark, Jersey City, Paterson, Woodbridge, Toms River, Hamilton Township, Clifton, Trenton, Camden, Cherry Hill, Passaic, Old Bridge, Bayonne, Vineland, North Bergen, Union, Hoboken, West New York, Perth Amboy, Parsippany, Piscataway, Washington Township, East Brunswick, West Orange, Sayreville, Hackensack, Elizabeth, Linden, Atlantic City, Long Branch Manalapan, Rahway, Bergenfield, Paramus, Point Pleasant Beach, Weehawken, Wildwood and Livingston. We care about you and are committed to making sure justice is served on your behalf.
PHILADELPHIA SEXUAL HARASSMENT | PHILADELPHIA SEXUAL HARASSMENT LAWYERS AND LAWS
WHAT IS SEXUAL HARASSMENT IN PHILADELPHIA? | Sexual Harassment Attorneys in Philadelphia
The City of Philadelphia has a robust system for protecting individuals from sexual harassment in the workplace. In their efforts to adequately protect these individuals, and has define sexual harassment. Philadelphia has adopted the Equal Employment Opportunity Commission’s standard of sexual harassment, defining sexual harassment as the unwelcomed sexual advances, among other unfavorable acts of a sexual nature, when submission or rejection of these advances has an explicit, or implicit, effect on an individual’s employment. Any action that creates a hostile or offensive work environment which unreasonably interferes with an individual’s work performance is also covered by the Civil Rights Act of 1964.
Under the City’s Sexual Harassment Policy, it is prohibited for an individual to: physically assault an individual in a sexual nature, make unwelcomed sexual advances, propositions or other sexual comments to another individual, to display any sexually suggestive material in the workplace, or, show favoritism based on whether the individual acquiesces to the sexual advances.
The City of Philadelphia has made a commitment to resolve sexual harassment claim as quickly as possible. Individuals who have been sexual harassed at work may bring either informal or formal complaints. An informal complaint may be made by either notifying the alleged offender directly or by requesting a supervisor intervene, notifying the alleged offender that specific offensive behavior will not be tolerated. The supervisor shall document any actions taken, and inform the Departmental Personnel Officer/EEO officer in writing. In the alternative, an individual may also bring a formal complaint requesting an investigation into the allegations. Formal complaints must be made in writing and signed by the complainant, triggering an investigation. At all times, the identity of the individual and the nature of the complaint will be kept as confidential as possible.
Here are some examples of how a friendly office conversation between two coworkers can quickly turn from innocent talk to sexual harassment:
- Another day at the office – You step in the elevator soaking wet with your umbrella in one hand and your cell phone in the other. You look up and see your co-worker who’s smiling at you from the other side. “Hi there Peter” you say and he nods his head to say “hi” back. “How about that game last night?” he asks you. You respond “I was really rooting for the other team; but the home team was red hot” Peter laughs and as he’s getting off of the elevator and says “Not as hot as your body looks right now, You’re prettier than Addison Street.”
- At the end of a long work day your Manager calls you into his office. After a few minutes of discussing work matters, your manager begins to rub your leg. Feeling uncomfortable you ask him to stop. Your boss then reminds you about the promotion you wanted, and tell you that if you really want that promotion you should go along with what he wants.
If I were to ask you if you felt these scenarios were sexual harassment, what would your response be?
Most people would split on whether both are sexual harassment. This is why if you or someone you know has experienced anything close to these or any situation like these at work you should contact our Philadelphia sexual harassment attorneys at the Derek Smith Law Group, PLLC., today for a free consultation. Our Philadelphia sexual harassment attorneys will examine your sexual harassment claim and inform you of your rights as an Philadelphia employee. If it is determined that you do have a sexual harassment case, our Philadelphia sexual harassment attorney will take no attorney’s fees unless we win your sexual harassment lawsuit.
SEXUAL HARASSMENT IN PENNSYLVANIA | PENNSYLVANIA SEXUAL HARASSMENT LAWS AND LAWYERS
WHAT IS SEXUAL HARASSMENT IN PENNSYLVANIA? | Sexual Harassment Attorneys in Pennsylvania
Sexual harassment may occur in any type of work environment. Many of us have been taught to show respect to our fellow peers at work, supervisors and customers but when one of those individuals displays inappropriate or abnormal behavior toward us, it becomes necessary for us to take proper action in an effort to remedy the situation.
A victim is someone who has suffered from destructive circumstances. Sexual harassment forced on an employee puts him or her in a victimized state; but that employee should take every action possible to rise above the level of deception, wrongdoing, and offense. More often than not, when an employee becomes sexually harassed, the harassment tends to go unreported. It may seem preposterous that any victim would choose not to report this type of behavior however standing up to an individual who is employed for the company who issues your paycheck, may be intimidating.
In an effort to ensure a safe and productive workplace, The Commonwealth of Pennsylvania has passed the Pennsylvania Human Relations Act (“PHRA”) , which prohibits sexual harassment in the Commonwealth. Under the PHRA, sexual harassment includes any unwelcome sexual advances, requests for sexual favors or other, verbal, visual or physical conduct of a sexual nature when submission to, or rejection of, the conduct is a term of an individual’s employment, or the conduct unreasonably interferes with an individual’s work performance by creating an intimidating, hostile or offensive work environment.
The PHRA requires every organization to have an effective complaint system which ensures that employees may, but are not required to, complain to the alleged harasser and a system which provides for prompt and effective investigation of sexual harassment complaints. Employers are further required to provide individuals who complain of sexual harassment to provide with a clear, impartial, timely response to the complaint.
As the victim, you are never at fault. Understand and recognize the signs of sexual harassment so that it can be reported. When the victim is aware of his or her rights, it becomes clear to that individual that he or she does not have to put up with this type of behavior. Here at the Derek Smith law firm, PLLC, our Pennsylvania sexual harassment attorneys will do everything we can to help you understand your rights as an employee every step of your legal case as we fight for justice on your behalf.
Bringing a sexual harassment claim can be a scary proposition, especially for an individual who has been sexually harassed in the workplace. Our experience sexual harassment attorney at the Derek Smith Law Group, PLLC are very aware of the challenges in an individual deciding to bring a claim along with the difficulties in actually filing a claim. Our dedicated attorneys at the Derek Smith Law Group, PLLC, are willing to put our expertise behind your possible sexual harassment claim. If you have been sexually harassed at work, please contact our experienced attorneys toll free at toll-free number 877-469-5297 for a free consultation about your case. Pennsylvania sexual harassment lawyers serving all of Pennsylvania including Philadelphia, Pittsburgh, Allentown, Erie, Reading, Upper Darby, Scranton, Bethlehem, Bensalem, Lancaster, Lower Merion, Abington, Bristol, Levittown, Harrisburg, Haverford, Altoona, York, State College and Wilkes-Barre.
Talk to an experienced New York City Sexual Harassment Attorney about your case today New York City Gender / Sex Discrimination Attorneys at the Derek Smith Law Group are ready to take your sex harassment or EEOC case.
Contact our top rated New York City sexual harassment lawyers to schedule a FREE Sexual Harassment legal advice consultation. No Fee Unless We Recover For You. Have you faced unfair or inappropriate treatment in the office due to your gender? If so, you may be a victim of sexual harassment. While harassment at your job can be difficult and upsetting to deal with, remember that in the state of New York, you have rights in the workplace. Your sexual harassment attorney in New York can be your best resource if your rights have been violated at work. The New York City sexual harassment lawyers of Derek Smith Law Group, PLLC offer extensive knowledge and experience, and have a successful track record representing victims of harassment. Free Consultation and NO FEE unless we recover for you. Contact us today for more information 877-4NYLAWS | 877-469-5297.
Our sexual harassment lawyers serve clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island and throughout the state of New York. We also represent employees sexual harassment cases in New Jersey, Philadelphia & Washington D.C.
For more information on New York, New Jersey and Philadelphia labor & employment laws, and other types of Sexual Harassment and Employment Discrimination visit our New York City Employment Law Blog
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Our Sexual Harassment Attorneys offer a Free Consultation and we charge No Fee Unless We Recover For You | Abogado de Acoso Sexual de la Ciudad de Nueva York.