Brooklyn Sexual Harassment Lawyer
Fighting to Protect Clients From Unlawful Sexual Harassment
Many federal, state, and local laws have been enacted to protect all employees from workplace sexual harassment. These laws provide employees with legal rights and several courses of action they can take to protect themselves should sexual harassment occur.
However, even with the various laws that have been passed, numerous sexual harassment cases are reported annually. Unwanted sexual advances can lead to a hostile work environment and emotional distress.
No one should ever be forced to tolerate sexual harassment. Our NYC sexual harassment lawyer is committed to helping clients seek justice for the inappropriate behavior they have endured.
Contact Miletti Law P.C., today to schedule a free initial consultation to discuss your case. You can visit our website and fill out our free intake form or contact our law office directly to speak with an associate who will schedule an appointment.
What Type of Behavior is Considered Sexual Harassment?
New York City has strict laws that dictate what type of behavior constitutes sexual harassment. Under the law, any unwelcome sexual advances or physical harassment based on gender is illegal and creates a hostile work environment. Many in the general public believe that sexual harassment is limited to asking for sexual favors or unwanted advances. Unfortunately, sexual harassment can take many forms, and typical examples include:
- Unwanted touching
- Physical assault
- Telling sexually explicit jokes
- Making sexual comments about another person’s body
- Making suggestive or offensive comments or gestures
- Inquiring about another employee’s sexual history, orientation, or preference
- Displaying sexually suggestive materials
Additionally, it should also be understood that in New York City workplaces, sexual harassment is not solely limited to unwanted comments or actions. Under the law, workplace sexism and gender discrimination also constitute sexual harassment.
What Laws Protect Against Sexual Harassment?
Several state and federal laws protect employees against sexual harassment in New York workplaces. One of the oldest and most well-known laws is Title VII of the Civil Rights Act of 1964. This federal law prohibits employers from discriminating against workers or job applicants based on a person’s sex. Title VII also prohibits any other form of workplace sex-based discrimination, such as unwanted touching or unwelcome sexual advances.
Several New York state and local NYC laws also forbid sexual harassment, including the New York State Human Rights Law (NYSHRL), which offers similar protections to Title VII. The New York City Human Rights Law also offers protections in the workplace for smaller employers and includes public accommodations and housing.
In 2018, a more encompassing law was passed, the Stop Sexual Harassment in NYC Act. The Act requires businesses or organizations with 15 or more employees to conduct training to prevent workplace sexual harassment. The law also extends the statute of limitations from one to three years.
Sadly, many sexual harassment victims are unsure of their rights or fear employer retaliation. If you have been the victim of sexual harassment or have questions about these legal protections, it is in your best interest to seek legal counsel immediately, who will help you understand your rights.
What Legal Elements Must Exist to Pursue a Sexual Harassment Claim?
Under the law, several legal elements must exist to pursue a sexual harassment case. First, the conduct in question must not be consensual or invited, such as unwelcome sexual advances or unwanted touching.
The unwanted conduct must qualify as sex or gender-based discrimination, and it does not only happen to women. It is essential to keep in mind that anyone can be considered a harasser regardless of their gender identity. Another essential legal element needed to constitute sexual harassment is that the conduct must create a hostile work environment. A hostile work environment occurs when inappropriate conduct interferes with an employee’s ability to perform their job duties.
Under the New York standard of law, isolated incidents of a sexual nature may not qualify as harassment. However, while federal law dictates that inappropriate behavior must be severe and pervasive, state and local laws dictate that an employee only has to allege they were the target of sexual harassment.
Understanding the complex laws regarding sexual discrimination and harassment can be challenging to navigate without legal training. If you are unsure whether the treatment constitutes sexual harassment, speaking with a knowledgeable attorney is always your best option.
What are the Two Different Types of Sexual Harassment Claims?
New York City recognizes two different types of sexual harassment: quid pro quo and hostile work environment claims.
Quid Pro Quo
In quid pro quo claims, sexual harassment victims allege that someone in a leadership role demands sexual favors in exchange for raises, job promotions, or other benefits. Sexual harassment may be brought about through promises of employment advantages or threats and intimidation.
Hostile Work Environment
A hostile or offensive work environment occurs when a pattern of inappropriate conduct is of a sexual nature and becomes so pervasive and severe that it is considered abusive and negatively impacts a person’s ability to do their job.
Although these types of sex discrimination are common, it does not mean that anyone should ever tolerate such egregious behavior. If you have experienced quid pro quo sex harassment or are dealing with a hostile work environment, you need skilled legal representation to help you with your legal matters.
How Can I Prove I Was Sexually Harassed?
Under the law, anyone who brings a sexual harassment claim must also present clear and convincing evidence of the inappropriate behavior. The first step in proving a sexual harassment case is to report sexual harassment through a formal complaint to human resources. Although HR may be unable to fix your problem, reporting the offensive behavior is the first step to building a strong case. Reports made to human resources can demonstrate that you took appropriate steps to resolve the issue.
The next step in proving sexual harassment involves gathering evidence substantiating your claims. One of the most essential actions you can take is to keep detailed notes of the incidents. Your notes should include what occurred, who was involved, locations, and dates and times. Other critical evidence includes emails, text messages, memos, workplace communications, and video or audio recordings. Other evidence includes the names and statements of others who witnessed the sexual harassment.
Although you can file a formal complaint with appropriate state agencies, you can pursue litigation against your employer. It is important to remember that because the facts involved with every sexual harassment case can vary, how you seek legal remedies may also differ.
A qualified New York City sexual harassment attorney can provide essential legal advice that will provide you with maximum benefits.
Can I File a Lawsuit Against My Employer for Sexual Harassment?
If you have been the victim of sexual harassment in New York City, you have several legal options available. One option is to file a complaint with the New York State Division of Human Rights (DHR) or the Equal Employment Opportunity Commission (EEOC). If you do choose to file a complaint with the DHR, you must do so within one year or the last incident or three years for any harassment that occurred after August 12, 2020.
Under state and New York City law, you also have the right to file a lawsuit against your employer. However, similar to filing a formal complaint with DHC, you only have three years to pursue compensation. Your employer may be held liable for any sexual harassment that occurred. An employer’s liability extends to supervisors or co-workers.
Depending on the circumstances involved, you can recover compensation that pays for lost wages, emotional distress, and attorney fees. If it can be proven that your employer acted egregiously or with a reckless disregard for your rights, you may be able to recover punitive damages.
Due to the legal intricacies involved with filing sexual harassment claims, you cannot afford not to have an attorney represent you. Many New York City employers have legal teams that look for ways to blame the victim or avoid paying compensation to protect their profitability and public image.
Our NYC sexual harassment lawyer is familiar with employers’ tactics for avoiding accountability and will fight to ensure you are treated fairly.
Can My Employer Fire Me for Filing a Sexual Harassment Claim?
One of the biggest concerns for many sexual harassment victims is the fear that they will face retaliation from their employer for filing a claim. Federal and state laws prohibit employers from retaliating against employees.
Retaliation can take many forms, such as wrongful termination, demotion, reducing wages, passing a qualified employee up for promotion, or assigning them unfavorable job duties. In extreme cases, an employee may be verbally or physically threatened for filing a sexual harassment claim.
If you have been retaliated against for filing a harassment claim, you must gather evidence that documents the abuse. You can file a claim with the Equal Employment Opportunity Commission (EEOC) or the New York City Commission on Human Rights (NYCCHR).
Regardless of your situation, do not try to handle your sexual harassment claim without skilled legal representation. If you have filed a lawsuit, report the retaliation to your sexual harassment attorney immediately. Miletti Law P.C. is committed to fighting for our clients and will take action to protect your legal rights. If you are wrongfully terminated, we may be able to recover more compensation or reinstate your job.
What Makes Your NYC Sexual Harassment Attorney the Best Choice to Help File a Claim?
Miletti Law P.C. is a trusted New York City law firm dedicated to helping employees whose civil rights have been violated. Our mission is to ensure employers are liable for their actions or inactions.
Our legal team has in-depth experience helping clients and realizes that sexual harassment can take many forms. It makes no difference whether your supervisor, co-worker, or the business owner engaged in harassing behavior, your attorney will fight to help you obtain the compensation you deserve.
Contact our sexual harassment lawyer in Brooklyn today by calling 314-648-2586 to schedule a free consultation to discuss your case. We also invite you to visit our website and fill out our intake form, and our attorney will contact you as soon as possible.