Harassment

Harassment Lawyer in Brooklyn

Holding Wrongful Parties Accountable for Improper Workplace Actions

We’ve all had difficult and stressful jobs in our careers. This is really just par for the course. However, there are times when workplace difficulties go beyond typical stressors. If you’re facing offensive, intimidating, abusive, or otherwise inappropriate actions at your job, there’s a chance that your employer may be in violation of state and federal law. Speaking with a harassment lawyer in Brooklyn is a good place to start for understanding your rights and options.

At The Law Office of Vincent Miletti, Esq., we understand the serious consequences that can come from unchecked harassment in the workplace. No one should have to go through this. You deserve a workplace where you can do your job, earn a living, and do so without feeling uncomfortable in any way. If you feel like you’re being harassed in the workplace, don’t hesitate to contact our law firm to schedule a free initial strategy session.

What Constitutes Harassment in the Workplace?

Many people immediately think of sexual harassment when they hear the term “harassment in the workplace.” While inappropriate sexual behavior certainly qualifies, the definition of harassment is actually much broader. The U.S. Equal Employment Opportunity Commission (EEOC) states that harassment is any type of unwelcome conduct based on the following:

  • Race
  • Color
  • Sex (e.g., pregnancy, sexual orientation, gender identity)
  • Religion
  • Older age
  • Genetic information
  • Disability
  • National origin

These are all protected statuses under federal law. This type of harassment violates federal statutes when either (1) enduring the harassment becomes a condition of employment or (2) a hostile work environment is created. Unfortunately, these cases are not always as clear-cut as they may seem. This is why it never hurts to speak with an unlawful harassment lawyer in Brooklyn.

What Should You Do if You’re Facing Workplace Harassment?

If you are being treated inappropriately in the workplace, your first inclination may be to contacted an aggravated harassment attorney. This isn’t a bad idea since they can provide guidance, but you typically can’t jump right into a lawsuit. You’ll want to start by reporting the harassment.

If a coworker is engaged in inappropriate behavior, you can speak with your supervisor. If it’s a higher-ranking employee harassing you, you can reach out to their superior or human resources.

This is an important step because it makes the company aware of what’s going on. This provides them an opportunity to correct what’s happening and avoid liability. However, the company may already hold some liability if it’s a manager that’s harassing an employee. Similarly, liability could be established if the company does nothing to rectify the issue. No matter what, you should start documenting everything from this point on.

What Damages Are Available in Workplace Harassment Cases?

Speaking with a harassment lawyer in Brooklyn is the best way to determine if you’re entitled to compensation. This can vary based on the circumstances of your situation, but your geographic location can also play a role. For instance, New York state law does not allow for punitive damages in a hostile work environment case — even though New York City law does have such provisions.

Regardless of your situation, you may be entitled to the following:

  • Lost income
  • Lost future income or reinstatement
  • Emotional harm
  • Attorney fees
  • Out-of-pocket expenses
  • Punitive damages

These damages and potentially others may be available in cases where an employer is found liable for workplace harassment. However, it’s important to remember that there are legitimate defenses for such accusations. For instance, the employer may not be liable if they prove the employee did not take advantage of preventative or corrective opportunities.

There are other defenses to such accusations as well, so it’s important to speak with a Brooklyn harassment attorney before making any major decisions.

Which Laws Protect Brooklyn Workers from Harassment

Brooklyn employees are protected by three overlapping layers of law — federal, New York State, and New York City — and each offers different standards, deadlines, and levels of protection. Understanding which laws apply to your situation determines where you file and what you can recover.

The Three Levels of Protection

  • Title VII of the Civil Rights Act (federal). This federal law prohibits workplace harassment based on protected characteristics but applies only to employers with 15 or more employees. Federal claims are filed with the EEOC, and you generally have 300 days from the harassment to file.
  • New York State Human Rights Law. State law covers employers of any size, including small businesses that fall outside Title VII. It provides broader protections than federal law and does not require harassment to meet the strict “severe or pervasive” standard.
  • New York City Human Rights Law. For Brooklyn workers, city law offers the broadest protections available. Under NYC law, harassment does not need to be severe or pervasive to be actionable — you must only show you were treated less well because of a protected characteristic. Claims can be filed within three years.

Because these state and city laws overlap and carry different deadlines, the strategy for where and how to file matters enormously. A Brooklyn harassment attorney can identify which law gives you the strongest claim and ensure you preserve evidence and meet every filing deadline before your rights expire.

Understanding Retaliation for Reporting Harassment

It is illegal for an employer to punish you for reporting harassment — and a retaliation claim can succeed even if your underlying harassment claim does not. Many Brooklyn employees don’t realize that the law protects the act of complaining itself, separate from whether the original harassment is ultimately proven.

What Counts as Illegal Retaliation

  • Termination. Firing an employee for reporting harassment or participating in an investigation is one of the clearest forms of unlawful retaliation.
  • Demotion or reduced hours. Cutting your hours, lowering your position, or stripping responsibilities after you file a complaint can all constitute retaliation.
  • Adverse changes to your role. Reassignment to less desirable work, exclusion from meetings and work events, or changes that derail your career path may qualify.
  • Any action likely to deter complaints. Under NYC law, retaliation is defined broadly to include any action reasonably likely to discourage someone from reporting harassment — even if it falls short of firing or demotion.

Retaliation claims are among the most powerful tools available to Brooklyn workers because they don’t depend on winning the original harassment case. If you reported offensive conduct in good faith and your employer responded by punishing you, you may have a strong claim regardless of the outcome of the underlying complaint. Document every change to your role after you report, and speak with a harassment lawyer to protect your legal options.

Contact a Harassment Lawyer in Brooklyn Today

The workplace should be a safe environment for everyone to perform their jobs. It’s not right for anyone to feel unwelcome, targeted, or embarrassed so that they can earn a living. If you’ve found yourself in such a situation, you may have legal remedies available to you. While speaking to a supervisor is typically the right place to start, doing so may not be possible or productive. This is when you should seek out legal assistance.

Types of Brooklyn Harassment Cases

  • Sexual Harassment: An employee is repeatedly subjected to inappropriate comments, advances, and physical contact by a coworker, making the work environment hostile and uncomfortable.
  • Racial Harassment: A worker faces offensive jokes, slurs, or discriminatory behavior from colleagues based on their race, which affects their emotional well-being and performance.
  • Age Discrimination: An older employee is passed over for promotions or training opportunities in favor of younger colleagues, and is subject to mocking and derogatory comments about their age.
  • Disability Harassment: An employee with a disability faces ridicule, exclusion, or inappropriate comments about their condition from coworkers, making it difficult to carry out their duties.
  • Retaliation Harassment: After an employee reports unsafe working conditions or files a complaint about unfair treatment, they begin to experience verbal abuse, exclusion, or unfair treatment by supervisors and coworkers.
  • Sexual Orientation Harassment: An LGBTQ+ employee faces derogatory comments, bullying, and exclusion because of their sexual orientation, creating an uncomfortable work environment.
  • Religious Harassment: An employee is harassed or mistreated because of their religious beliefs or practices, including being ridiculed for wearing religious attire or following certain religious customs at work.
  • Harassment Based on National Origin: An employee of a particular national origin is subjected to offensive jokes, language, or exclusion based on stereotypes related to their country of origin.
  • Gender-Based Harassment: An employee of a particular gender is constantly belittled, excluded from team activities, or subjected to inappropriate comments based on their gender, creating a hostile work environment.
  • Harassment Due to Parental Status: A parent is subjected to ridicule or unfair treatment due to their family responsibilities, such as being mocked for taking maternity leave or having to manage childcare arrangements.

At The Law Office of Vincent Miletti, Esq., our legal team has spent well over a decade handling employment law issues. We’ve seen what workplace harassment can do to good people, and we’ve seen successful brands irreparably damaged by not taking such harassment claims seriously. If you’re dealing with such a legal issue, speaking with a harassment lawyer in Brooklyn may be in your best interest. Call us today at 212-631-8110 to book a free consultation with our team.