Our NYC Sexual Harassment Attorneys represent victims of sexual harassment throughout New York City. If you were sexually harassed in NYC at work, our NYC Sexual Harassment Attorneys can assist you filing a lawsuit against both the company and the individual. We handle NYC Sexual Harassment cases in New York City courts and New York Federal Courts. Protect your right to work in a safe environment and contact our offices today.
It’s unlawful to harass a person based on his or her gender. Sexual harassment includes unwelcome sexual advances, asking for sexual favors, and any physical or verbal harassment of a sexual nature. Illegal harassment is not always of a sexual nature, however. Other forms of illegal harassment includes unwanted remarks about a person’s sex, generalities of one gender’s capabilities, or other degrading commentary, pictures displayed in the workplace or actions based on gender. Both the harasser and the victim can be either a man or a woman, and they can both be of the same or opposite sex.
New York and NYC Sexual Harassment Laws protect two types of sexual harassment: (1) quid pro quo sexual harassment; and (2) hostile work environment sexual harassment.
Quid Pro Quo Sexual Harassment
Quid Pro Quo Sexual Harassment in New York is a request for sexual favors in return for benefits in the work place or in order to keep your job. This type of sexual harassment can be presented outright with clear benefits that are offered if the employee performs the requested sexual acts. Other offers could be presented as threats that an employee could be punished in some way if they do not perform certain sexual favors.
In some cases, Quid Pro Quo Sexual Harassment is less overt and more inferred. Through innuendo and suggestion, an employee may believe that they are required to perform certain sexual acts in order to gain advancements or prevent job loss. Even these more suggestive cases can be brought to court as long as the employee was absolutely convinced that his or her job depended upon conforming with these sexual acts. The “this for that” nature of Quid Pro Quo Sexual Harassment often leads to retaliation in the event that the victim does not give in to the sexual advances or requests.
Our New York Sexual Harassment Lawyers have been involved in cases where our clients were denied promotions, provided with undesirable shifts or fired as a result of refusing sexual advances of a supervisor. Both the harassment and the retaliation are illegal and could result in recovery of lost wages and other compensation.
Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment occurs when a supervisor or co-worker makes frequent or extremely offensive sexual comments. The frequency of the sexual comments and the severity of the sexual harassment will determine whether there is a claim for hostile work environment sexual harassment in New York. The law does not prohibit teasing, off-hand comments, or isolated incidents, but harassment is illegal when it becomes so frequent and/or severe that it creates a hostile work environment.
Successful Hostile Work Environment cases often show a pattern of behavior that causes employees such discomfort or stress that it makes it difficult to perform their jobs. Repetitive degrading commentary about one’s gender or sexual appearance, displaying crude photographs or images in public spaces, or even relentless compliments and date requests after repeated rebuffs can build a hostile work environment.
When the employee is either intimidated, afraid or otherwise agitated about going to work because he or she must endure more of this behavior, that is the basis of a hostile work environment. Productivity and the ability to keep up with job-related tasks are often hindered by a hostile work environment and could result in demotion or job loss.
Who Can Report Sexual Harassment?
Anyone can report sexual harassment in the workplace. You do not have to be the victim in order to report either Quid Pro Quo or Hostile Work Environment Sexual Harassment. Anyone who witnesses such behavior can bring a complaint to the attention of a supervisor or other Human Resources representative. If the supervisor or HR representative is the person guilty of harassing employees, there are government officials in the department of labor who can receive these complaints and investigate the charges for you.
Our sexual harassment attorneys can help file complaints to the right individuals in your company or outside of the workplace. Your right to work in a harassment-free environment should not be hindered by anyone. Protect your job, your salary and your way of life by taking action against sexual harassment in the workplace.
If you believe you have been the victim of sexual harassment in New York City, please contact our office for a consultation. Located in Downtown Manhattan, we offer a free initial consultation. We will help you compile a list of all sexual harassment actions in order to establish a pattern of behavior. We will interview any witnesses where available and draw causal connections to show that you, and possibly others, were sexually harassed in the workplace. Depending upon the case, we can bring charges against either the individual harasser, the company who allowed the harassment to continue or both.
Please call (646) 755-3781 for a free consultation.