Sexual Harassment Attorneys
New York employees deserve a workplace that is free from unlawful sexual harassment. Under federal law (Title VII of the Civil Rights Act of 1964) and state law (New York State Human Rights Law (NY Exec. Law Sec. 296 et seq)), workers are protected against job-related sexual harassment.
Sexual harassment comes in many different forms, each of which has the ability to significantly and negatively impact victims’ lives, relationships, and careers. Sometimes, sexual harassment creates a hostile work environment, a workplace culture where lewd and sexually explicit conversations become the norm. In other cases, victims face quid pro quo sexual harassment, with supervisors offering promotions and other favorable treatment in exchange for sexual and romantic interaction. Every time sexual harassment occurs, it should be reported and eradicated in order to prevent similar behavior in the future.
Get Help From a New York Sexual Harassment Lawyer
At Console Mattiacci Law, LLC we represent all types of sexual harassment victims. Sexual harassment is not limited to one gender or one type of workplace. Any person of any gender or sexual orientation can sexually harass another individual. If you were a victim of sexual harassment in New York, our legal team is prepared to protect your rights. To schedule a fully confidential, no-obligation review of your case, please do not hesitate to call us today at 215-545-7676.
What is Sexual Harassment?
Sexual harassment is the harassment of an individual based on their actual or perceived sex, gender identity, or sexual orientation. There are differences between federal law and New York. New York state law protects workers on the basis of sexual orientation. In certain counties and cities in New York, gender identity is also a protected class. Some specific examples of conduct that can qualify as sexual harassment include:
● Unwanted physical contact;
● Unwanted sexual advances;
● Offers of favorable treatment in the workplace in exchange for sexual interaction;
● Lewd or derogatory language directed toward the victim, or which the victim witnessed;
● Sexually explicit or sex-based jokes about the victim or made in the presence of the victim;
● Exposing the victim to sexually explicit images, videos, jokes or other content;
● Threats of sexual assault; and
● Comments about an individual’s appearance or behavior that are sexual in nature. This includes comments about how an individual dresses.
Who is Responsible for Workplace Sexual Harassment in New York?
Your employer may be responsible for workplace sexual harassment, including harassment that it enabled or that it failed to prevent or correct. Employers in New York must take reasonable action to promote a harassment-free work environment and they must deal with all reports of sexual harassment in a serious, attentive manner. Whether a victim faces sexual harassment from a supervisor, a colleague, a vendor, a client, or the company’s CEO, the company must address the victim’s situation to prevent further harm. When an employer chooses not to acknowledge a victim’s experience or opts not to take action to protect the victim, they could be held legally liable for the victim’s damages.
Retaliation for a Sexual Harassment Claim
Title VII of the Civil Rights Act of 1964 also makes it illegal for an employer to retaliate against an employee for exercising any of their rights in the workplace, including the right to file a sexual harassment claim, the right to object to unwanted sex-based behavior, the right to complain about sexual harassment (including informal, verbal complaints) and the right to aid a colleague’s claim by providing supporting testimony.
Simply put, you have the right to report sexual harassment. Your supervisor and/or human resources should never intimidate you, force you to ‘let it go’, or downplay the situation. If you face retaliation for taking action or speaking up against sexual harassment, you have the right to file a retaliation claim with the Equal Employment Opportunity Commission (EEOC) to seek compensation for the damages you suffered due to the retaliation. Some examples of unlawful retaliation include:
● Denial of advancement opportunities;
● Negative performance reviews or bogus write-ups;
● Disparate treatment, such as facing harsher disciplinary measures than other employees for the same infractions; and
● Transfer to another, less-desirable branch location or department.
Pursuing Compensation for Sexual Harassment Damages in New York
When you file a sexual harassment claim, you can pursue compensation for any damages you suffered as a result of the harassment. These can include:
● Mental anguish;
● Emotional distress;
● Any physical harm you suffered;
● Reimbursement of attorneys’ fees and costs;
● Lost wages (past and future) due to spending time out of work, losing your job, or missing a professional development or advancement opportunity; and
● Punitive damages.
Ultimately, all sexual harassment claims must be reviewed on a case-by-case basis. If you have any questions or concerns about your claim or your ability to recover for your damages, you should consult with an experienced New York sexual harassment lawyer.
Contact Our New York Sexual Harassment Lawyers Today
At Console Mattiacci Law, LLC, we are extremely passionate and experienced advocates for the victims of workplace sexual harassment. If you were the victim of sexual harassment or you were retaliated against for reporting your concerns, you need to take immediate action to protect your rights. Please do not hesitate to contact by calling 917-985-7761 our law firm to schedule a comprehensive, fully private review of your case. Results may vary depending on your particular facts and legal circumstances.