The Fee Is Free Unless You Win.
Top Rated Employment Law Firm
Protecting Families Since 1995
$400 Million Won
TABLE OF CONTENTS
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.
You may be entitled to compensation if you have received numerous gifts that are romantic and sexual in nature, depending on the circumstances. At the Derek Smith Law Group, we know sexual harassment is not just a nuisance at work. It is not just “part of the job.” Sexual harassment can have devastating professional and psychological effects. That’s why we relentlessly pursue compensation for those who have been afflicted.
Call our experienced sexual harassment lawyers in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation about your sexual gift-giving sexual harassment claim.
Gifts that could be considered sexual in nature are inappropriate in the workplace. Office parties, Secret Santa, and other gift exchanges are prime opportunities for sexual harassment. You should know that sexually-themed ‘gag’ gifts are not appropriate in the workplace, and may constitute sexual harassment. Harassers may offer sexually explicit presents under the guise of humor.
In some instances, your colleague may simply have been trying to be funny. They may have made a one-time mistake that could be brushed off as a lapse in judgment. However, someone may offer you a sexually explicit ‘gag’ gift with the express intent of making you feel intimidated, uncomfortable, and even afraid.
Sexual gifts may include adult toys, adult-themed games, pornography, lingerie, romantic jewelry, personal care products, perfume, or any renderings that depict nudity or a sexual act. They may also be gifts with sexually explicit sayings or wording, as well as gifts intended to spark a sexual response. Sexual gifts in the workplace create a hostile work environment by creating extreme discomfort amongst individuals at work.
If someone offers you an offensive present, first let them know this kind of behavior is unacceptable. You may tell your supervisor or Human Resources representative. If the behavior persists and your employer does not take action to stop it, you should speak with a sexual harassment attorney knowledgeable about New York City, New Jersey, Philadelphia, Los Angeles, and Maimi workplace sexual harassment laws.
Your colleague regularly offers personal gifts, despite your declaration that it makes you uncomfortable. Romantic gifts are given to you with repeated requests for dates, advances which you rebuff.
A bouquet of roses came to your desk with a sexually explicit note attached. A single occurrence of these events is probably not severe enough to be considered sexual harassment. However, if you are repeatedly presented with romantic gifts at work, which create a hostile work environment, it could be grounds for legal action.
Other personal gifts that may not be appropriate for the workplace are:
Again, your first course of action after receiving an objectionable gift is to let the person know you feel offended and embarrassed by their behavior. If the person does not respond favorably, escalate the situation to an attorney.
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsDuring 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
Matt Finkleberg is by far the best attorney I’ve ever hired!
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
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.
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
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
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
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
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!
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
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 Testimonial
Empower your voice and take action against sexual harassment in every workplace, community, and home.
Sexual gift-giving is a form of prohibited sexual harassment. If your employer refuses to step in and stop any form of sexual harassment, you have the right to file a lawsuit against them. You may file your claim under federal or state sexual harassment laws.
It is best to consult a qualified sexual harassment lawyer in your state to determine the best laws to use to file your claim and receive the best possible outcome.
There is no set timeframe for a sexual gift-giving sexual harassment claim. A claim may take a few months to reach a settlement if your employer is willing to negotiate a fair settlement early in the process.
However, if your employer is not willing to negotiate early in the process or you cannot come to an agreement, your case may take years to settle. It may even go through the entire legal process until the courts enter a judgment.
You have a right to receive compensation as the victim of sexual gift-giving sexual harassment in the workplace. You may request money for lost wages, pain and suffering, emotional distress, and more.
However, you may also request that your employers conduct certain actions to make things right, such as give you back your job, change company policies, and fire the person harassing you and others in the workplace.
A sexual harassment lawyer can help you file your claim in the court best suited for the details of your sexual gift-giving claim. They can ensure you file your claim as quickly as possible to meet the legal obligations set forth under the law.
Your sexual harassment attorney will also begin negotiations as soon as you decide to file your sexual gift-giving claim. They will work towards a fair settlement as quickly as possible so you and your employer can move on.
Quid pro quo sexual harassment occurs when you receive promises of workplace advancements in exchange for performing sexual favors. Your boss may give you a sexual gift. He then may tell you that if you keep it quiet, he will give you a raise.
He may also tell you that if you model the gift for him, he will give you that corner office you have been eyeing. Any use of sexual gifts in sexual harassment that offers workplace advancements is a quid pro quo sexual harassment event.
Call us at 800-807-2209 to schedule a free consultation about your sexual gift-giving claim. Our lawyers handle all employment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.
You have every right to refuse a sexual gift. Sexual gift-giving is a prohibited form of sexual harassment. Therefore, you cannot get fired from work for refusing a sexual gift.
You cannot face any forms of retaliation if you refuse a sexual gift or report the sexual gift to your boss or HR. Retaliation, such as wrongful termination, demotions, denied raises, altered shifts, negative employee reviews, and more, is prohibited under state and federal sexual harassment laws.
When you file your sexual harassment charge depends on the laws used to file your claim. If you choose to file a federal court claim, you must first file your charge with the EEOC. The EEOC provides a statute of limitations of 180 days (300 days in some states) to file your charge.
State laws vary between states. Therefore, to determine the time limit to file your claim under state law, you should speak with an experienced sexual harassment attorney in your state. Our lawyers handle all sexual harassment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.
When sexual harassment at work starts negatively affecting your professional and personal life, contact the New York City, New Jersey, Philadelphia, Miami, and Los Angeles employment attorneys at the Derek Smith Law Group. For more than 25 years, we have fought back against unfair treatment in the workplace. Call us today at 800-807-2209 for a free consultation.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Take action against harassment now. We’ll stand by your side every step of the way.