Sexual Harassment

Sexual Harassment in the Workplace: Know Your Rights and Take Action

Sexual harassment in the workplace is an all-too-common issue that affects employees across all industries and positions. Whether it’s inappropriate comments, unwelcome advances, or more severe forms of misconduct, sexual harassment can create a hostile and intimidating work environment that interferes with your ability to perform your job and impacts your emotional and mental well-being. Understanding your rights and the legal avenues available to you is crucial in protecting yourself and seeking justice.

What Constitutes Sexual Harassment?

Sexual harassment is defined as any unwelcome behavior of a sexual nature that affects an individual’s employment or creates a hostile work environment. The state of New York, under the New York State Human Rights Law, defines sexual harassment as “any behavior that subjects an employee to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation.” This definition includes a broad range of behaviors, such as:

Unwelcome sexual advances: These can be verbal, physical, or non-verbal, including gestures, suggestive looks, or unwanted touching.
Inappropriate comments: This includes sexual jokes, remarks about someone’s appearance, or comments on someone’s body. These comments do not have to be about you or directed at you. If they are inappropriate for the workplace and make you uncomfortable that may be enough to constitute sexual harassment.
Lewd emails or texts: Sharing or distributing sexually explicit content or making suggestive comments through electronic communication. These emails, images or statements do not have to be about you or directed at you. If they are inappropriate for the workplace and make you uncomfortable that may be enough to constitute sexual harassment.
Sexual coercion: Pressuring someone into engaging in sexual activities under the threat of negative employment consequences.
Quid pro quo harassment: When someone in a position of authority demands sexual favors in exchange for job benefits like promotions or threatens to withhold benefits if those demands are not met.
Hostile work environment: When ongoing or severe sexual conduct creates an intimidating, hostile, or offensive work environment, making it difficult for the employee to perform their job.

Even if the harassment doesn’t involve direct physical contact or explicit sexual behavior, it can still qualify as sexual harassment if it creates a work environment that a reasonable person would find hostile or offensive.

Legal Protections Against Sexual Harassment

Employees in New York are protected by multiple laws designed to prevent and address sexual harassment in the workplace:

Title VII of the Civil Rights Act of 1964: This federal law prohibits employment discrimination based on sex, which includes sexual harassment. Title VII applies to employers with 15 or more employees and covers both quid pro quo harassment and hostile work environments. Under Title VII, harassment must be severe or pervasive enough to create an abusive work environment or result in adverse employment actions like demotion or termination.
New York State Human Rights Law (NYSHRL): This state law extends protections to all employees, regardless of the number of employees a company has. It prohibits all forms of sexual harassment and requires that the behavior only needs to exceed petty slights or trivial inconveniences to qualify as unlawful.
New York City Human Rights Law (NYCHRL): Known as one of the most protective civil rights laws in the country, the NYCHRL provides broad protections against sexual harassment. It holds employers accountable for harassment that creates a hostile work environment or results in discriminatory employment practices.

These laws also make it illegal for employers to retaliate against employees who report harassment or participate in an investigation (or a lawsuit) related to sexual harassment.

Steps to Take If You Experience Sexual Harassment

If you are a victim of sexual harassment in the workplace, it’s essential to take the following steps to protect your rights and build a strong case:

Document the Harassment: Keep detailed records of every instance of harassment, including dates, times, locations, what was said or done, and the names of any witnesses. Save any written or electronic communications that may serve as evidence.
Report the Harassment: Notify your supervisor, human resources (HR) department, or another designated authority within your organization about the harassment. Follow your company’s procedures for reporting such incidents and ensure that your complaint is documented. Even if you make a complaint in person or by phone, make sure that you follow up with a written summary of your complaint the same day or as soon as possible after you make the verbal complaint. An email or even text message can be documentation of your complaint.
Consult an Attorney: Seek legal advice from an experienced sexual harassment attorney who can guide you through the process and help you understand your legal options. An attorney can evaluate your case, advise you on the best course of action, and represent you in legal proceedings if necessary.
Cooperate with Investigations: If your employer or an external agency conducts an investigation, fully cooperate by providing any necessary information or evidence. Your cooperation is crucial in substantiating your claims. Your employment law attorney can help you navigate the investigation process.
File a Formal Complaint: If your employer fails to address the harassment adequately or if the harassment continues, consider filing a formal complaint/charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (DHR). These agencies will investigate your complaint and determine if there is sufficient evidence to pursue legal action. An experienced employment law attorney like the attorneys at Harding Mazzotti, LLP can help you decide if you should file a charge of discrimination with a state or federal agency and when. Note that many types of discrimination complaints cannot be filed in federal court without the discrimination first having been reported to the EEOC. An experienced employment law attorney can advise you on the law.
Pursue Legal Remedies: Depending on the circumstances of your case, you may be eligible to file a lawsuit against your harasser and/or your employer. An experienced attorney can help you navigate the legal process and seek compensation for damages, including lost wages, emotional distress, and attorney fees.

The Role of a Sexual Harassment Attorney

Navigating the complexities of a sexual harassment case can be daunting, which is why having an experienced attorney by your side is crucial. A sexual harassment attorney can help in several ways:

Legal Advice: An attorney will provide you with a clear understanding of your rights under federal, state, and local laws and help you decide the best course of action based on the specifics of your case.
Filing a Claim: Your attorney can assist in filing a complaint with the appropriate government agencies and ensure that all legal procedures are followed correctly.
Building a Strong Case: Through thorough investigation and gathering of evidence, your attorney will build a strong case to support your claims.
Negotiating Settlements: If appropriate, your attorney can negotiate a settlement with your employer or the harasser, ensuring that your rights are protected and that you receive fair compensation.
Court Representation: If your case goes to trial, your attorney will represent you in court, presenting your case and advocating for your rights.

Myths and Realities of Sexual Harassment

Sexual harassment is often misunderstood, and several myths can discourage victims from coming forward:

Myth: Sexual harassment only happens to women.

Reality: Sexual harassment can happen to anyone, regardless of gender. Male employees can also be victims of sexual harassment, and harassment can occur between individuals of the same sex.

Myth: If I wasn’t fired or demoted, I don’t have a case.

Reality: Even if you weren’t directly affected in terms of employment status, you might still have a valid sexual harassment claim if the behavior created a hostile work environment.

Myth: Reporting harassment will make things worse.

Reality: It is illegal for your employer to retaliate against you for reporting harassment. If you experience retaliation, you have the right to file a retaliation claim.

Seeking Compensation for Sexual Harassment

Victims of sexual harassment may be entitled to compensation for various damages, including:

Lost Wages: Compensation for income lost due to missed work or wrongful termination as a result of the harassment.
Emotional Distress: Damages for the mental anguish and emotional suffering caused by the harassment.
Medical Expenses: Reimbursement for any medical treatment required due to the harassment, including therapy or counseling.
Punitive Damages: In some cases, courts may award punitive damages to punish the harasser and deter similar behavior in the future.

Why You Should Take Action

Taking action against sexual harassment is not only about seeking justice for yourself but also about protecting others from similar experiences. Filing a claim can force your employer to address the issue and prevent further harassment in the workplace. Additionally, you may be entitled to compensation for the emotional and financial damages you have suffered.

Why Choose Harding Mazzotti, LLP?

At Harding Mazzotti, LLP, we are committed to helping victims of sexual harassment navigate the legal process and secure the justice they deserve. Our team of experienced attorneys has a proven track record of success in handling sexual harassment cases, and we are dedicated to providing compassionate and effective representation.

Contact the Employment Law Attorneys at Harding Mazzotti, LLP today!

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Sexual Harassment