New York City Sexual Harassment Lawyers
Sexual harassment is an all-too-common occurrence in the workplace. It also affects people of all genders in all professions. At the law firm of Fisher | Taubenfeld LLP, our New York City sex discrimination attorneys believe that no worker should have to endure harassment in the workplace. Our discrimination lawyers advocate on behalf of employees whose right to work free of intimidation is violated by colleagues and supervisors alike. We are here to help you understand and protect your rights.
What Does Sexual Harassment Look Like?
Sexual harassment can encompass any type of unwanted sexual behavior, including:
- Repeated lewd and offensive comments
- Repeated sexual advances
- Exposure to sexual images or materials
- Unwanted touching
Harassing behavior does not have to be confined to your regular working hours. It is still sexual harassment if the illegal behavior occurs at company-sponsored events or off-site work-related activities.
Quid Pro Quo Sexual Harassment
Sexual harassment is generally grouped into two main categories: quid pro quo harassment and hostile workplace harassment. Quid pro quo harassment occurs when an employee’s submission to or rejection of unwelcome sexual conduct is used as a basis for employment decisions. For example, demanding sexual favors in exchange for a raise or a promotion is quid pro quo harassment. Firing or disciplining an employee who refuses sexual advances is also quid pro quo harassment. To establish quid pro quo harassment, New York laws only require that an employee show that he or she was treated “less well” for refusing sexual advances.
Hostile Work Environment Harassment
A hostile work environment is present when the unwanted behavior is pervasive and repeated. Examples of a hostile work environment include:
- Making repeated sexual jokes
- Inappropriate touching
- Unwanted flirting
- Repeatedly asking someone out on a date, especially if previous advances were declined
It is possible to prevail on a hostile work environment claim even if no adverse action, such as termination or a demotion, has been taken against the complaining employee.
Frequently Asked Questions About Sexual Harassment
Sexual harassment in the workplace is an ongoing problem and a type of sexual discrimination that impacts people of all genders. Sexual harassment should never be tolerated. Our sexual harassment attorneys at Fisher | Taubenfeld LLP regularly answer a lot of the same questions from clients. Here, they provide answers to some of those questions. However, every situation is unique. Nothing can replace the one-on-one advice that you receive from a sex discrimination lawyer. Our harassment attorneys invite you to schedule a free phone consultation to ask questions about your situation and discuss possible next steps.
What type of behavior is considered to be sexual harassment?
Sexual harassment is any type of unwelcome conduct of a sexual nature. This can include sexual advances, jokes, comments, sexual demands and other physical or verbal conduct.
These advances may take place in the form of in-person harassment, over the phone, via text or email, or any other form of communication. Harassment may be perpetrated by coworkers, supervisors and employees of third-party businesses who work with your employer.
What type of conduct is considered to be “unwelcome?”
The answer to this depends upon each individual. What is offensive to one person may not be offensive to another. If someone’s conduct makes you uncomfortable, it is important to make it clear that you are offended and do not welcome any sexual conduct that offends you. However, discrimination laws also recognize that some employees may feel coerced or fear retaliation if they complain or make too much out of someone else’s conduct. An experienced sexual harassment lawyer can help you identify offensive conduct and build a strong claim.
I’m afraid to report harassment. What if my employer retaliates against me?
It is illegal to fire, demote or otherwise take adverse action against employees who report sexual harassment. In fact, the Equal Employment Opportunity Commission (EEOC) encourages employees to report harassment to human resources, management and others in the “chain of command.” If no steps are taken to stop the harassment once it has been brought to the employer’s attention, then you should contact the EEOC and an experienced employment law attorney. In the event adverse action has already been taken for reporting offensive behavior, you may also have a whistleblower claim.
Consult A Manhattan Workplace Harassment Lawyer For Free
Sexual harassment in the workplace should never be tolerated. If you believe that you are the victim of sexual harassment, it is important to seek advice from a discrimination lawyer who can help you determine your options.
Schedule a free phone consultation with our attorneys by calling 646-741-3490 or toll-free 866-654-0343. You may also send us a message through our website.