There are two types of sexual harassment that can result in legal action:
- Hostile work environment
- Quid pro quo
At Fisher Taubenfeld LLP, we believe that no worker should have to endure harassment in the workplace. Our attorneys advocate on behalf of New Yorkers whose right to work free of intimidation is violated by supervisors and colleagues alike. We are here to help you understand and protect your rights.
Manhattan Quid Pro Quo Lawyers | Helping Workers Understand Prohibitions On Sexual Harassment
A hostile work environment on the basis of gender or sex occurs when a supervisor or co-worker makes sexual advances toward an employee, or asks for sexual favors from him or her or engages in other unwarranted sexual verbal or physical conduct. A hostile work environment can occur even if the employee has not suffered any adverse employment action, such as termination or demotion.
Examples of a hostile work environment include making repeated sexual comments, jokes or vulgar slang; inappropriately touching, rubbing or patting someone; engaging in unwanted flirting; and repeatedly asking someone on a date, especially if he or she has previously declined.
Quid pro quo harassment is when an employee's submission to or rejection of unwelcome sexual conduct is used as a basis for employment decisions. Quid pro quo harassment includes the following actions:
- Demanding sexual favors in exchange for a job, raise, promotion or other employment benefit
- Firing or disciplining an employee who refuses sexual advances
- Giving a poor performance evaluation to an employee who refuses or ends a romantic relationship
While federal and state laws protect workers from these types of unwanted advances, the New York City Human Rights Law offers even greater protections. For example, city law only requires an employee to show that he or she was treated "less well" for refusing sexual advances. An employer can only overcome such a showing by establishing that the conduct was nothing more than "petty slights" or "trivial inconveniences."
In certain circumstances, employers can be held strictly liable for sexual harassment that occurs in the workplace.
Contact Fisher Taubenfeld LLP
We offer a free and confidential phone consultation in which you can discuss your workplace mistreatment. Send an email or call 646-741-3490, toll free 866-654-0343, to speak with an experienced New York sexual harassment lawyer.