- Unpaid Wages and Overtime
- Sexual Harassment and Gender Discrimination
- Hostile Work Environment
- Pregnancy Discrimination
- Age Discrimination
- National Origin & Ethnic-based Discrimination
- Race Discrimination
- Disability Discrimination
- Religious Discrimination
- Sexual Orientation Discrimination
- Wrongful Termination and Retaliation
- Family Medical Leave Act (FMLA)
- Housing Discrimination
- Employment Contracts
- Severance Agreements
- Civil Service Discipline
- Work Related Investigatory Interviews
- Civil Service Appeals
- N.Y. C.P.L.R. Article 78 Special Proceedings
- Private Sector Employee Discipline
- Other Practice Areas
Sexual Harassment in the New York Workplace
It is a violation of federal, state, and local laws to discriminate against employees or job applicants on the basis of a person’s sex. Subjecting employees to unwelcome sexual advances, sexual propositions, and/or verbal or physical behavior that is sexually motivated is unlawful. Sexual harassment may come in the form of outright sexual advances, or subtle comments that create a hostile work environment.
Types Of Sexual Harassment
Your harasser may be a supervisor, a co-worker, or even someone who is not an employee at your company. Often, this individual is in a position of power or authority over you and makes you feel powerless. Sexual harassment is dangerous and can lead to retaliation, threats, and even job loss. This harassment takes many forms including:
- Sexual Assault
- Requests for Sexual Favors
- Sexist Behavior & Language
- Sexual Advances, while on the job or during the hiring process
- Sexual Bribery, Coercion, and/or Intimidation
- Sexual Joking, Sexual Comments, and Sexually Suggestive Behavior
- Unlawful Touching
- Offensive comments about a specific gender
Workplace sexual harassment can occur outside of the office, such as at an office party, picnic, or convention. Demeaning, threatening, and suggestive emails and text messages from co-workers, supervisors, and clients also fall under the category of sexual harassment.
Recognizing Workplace Sexual Harassment
Generally, sexual harassment falls into two main categories:
Quid Pro Quo Sexual Harassment is when an employee is require to submit to unwelcome sexual conduct as a basis for employment decisions—such as sexual favors in exchange for a promotion. Similarly, when a sexual advance is rejected and the employee is fired, demoted, or denied a promotion, quid pro quo sexual harassment has occurred.
Hostile Work Environment is more common and exists where unwelcome verbal or physical conduct interferes with your ability to do your job. This type of sexual harassment creates an offensive, intimidating, or hostile working environment. Even comments about your gender can create a hostile work environment when the comments are frequent or severe. However, minor isolated incidents or harmless lighthearted teasing do not rise to the standard of a hostile work environment.
Sexual harassment is not relegated to only female employees. Men have also been the targets of sexual harassment and their percentage of cases has risen in recent years. This harassment may also occur between members of the same sex.
Experienced New York Sexual Harassment Attorney
We understand the difficulties and emotional toll of pursuing a sexual harassment claim. We believe that no one should have to tolerate unwelcome sexual advances in the workplace and we will stand by you through the entire process.
Call Us Today
If you’re being sexually harassed at work, dealing with a hostile work environment, or are suffering discrimination because of your gender, don’t quit your job—get the help you need. Contact us today to schedule a consultation.
Call us at (212) 766-9870
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New York, New York 10165