New York City Sexual Harassment Lawyers

What Is Sexual Harassment? 

Sexual harassment is a broad term that encompasses many behaviors. It includes any unwelcome sexual contact and/or sexual advances. It also includes verbal harassment, such as offensive or derogatory comments about someone’s sex.

This type of harassment creates a hostile environment for the victim. Examples of sexual harassment include unwanted touching, requests for sexual favors, sharing pornographic images, sexual gestures, coerced sex acts, and sexually offensive comments and jokes.

Sexual harassment laws are designed to protect everyone, regardless of gender identity or orientation. The behaviors and actions that constitute harassment are subject to federal and state laws, providing multiple avenues for legal recourse. Understanding the full scope of what constitutes sexual harassment is imperative for victims seeking justice.

Both the victim and the perpetrator can be of any gender.

New York State Sexual Harassment Laws: Key Points

New York State has some of the most comprehensive sexual harassment laws in the United States, aimed at providing strong protection for employees in the workplace. In June 2019, New York expanded its anti-harassment laws to cover all employees, regardless of the corporation's size or the individual's role. This marked a significant step in ensuring that interns and executives are shielded against unwelcome advances and harassment.

New York laws stipulate that a single incident does not necessarily define harassment but can result from a pattern of behavior that creates an uncomfortable work environment. Employers are now required to offer training to employees to sensitize them to these issues, aiming to foster a safer, more inclusive workspace. With these laws, employees are encouraged to report unwanted conduct promptly and are thus provided with better avenues to seek justice and maintain the integrity of their working conditions.

When is “Teasing” Considered Sexual Harassment?

Many people wonder whether their case qualifies as sexual harassment. Determining when “normal” interactions cross the line into illegal behavior can be difficult.

Repeated requests for dates, lewd comments, sharing of pornographic pictures, and requests for sexual favors in exchange for promotions may all be considered sexual harassment. This is especially important if the perpetrator of the harassment is your supervisor. A supervisor has power over your career, and you should not have to tolerate harassment to keep your job.

Sometimes, what is perceived as harmless teasing can be disguised as harassment, particularly if it persists despite requests for it to stop. The impact of such behaviors on the victim's mental health and work performance can be profound, leading to increased stress, anxiety, and a loss of job satisfaction. Addressing these behaviors swiftly is crucial to maintaining a respectful and professional workplace.

If you have been the victim of these behaviors, and they have created a hostile work environment, you should speak with an attorney.

Sexual Harassment by a Supervisor

The law recognizes the inherent power imbalance when sexual harassment involves a supervisor. This means employers can be held directly responsible for a supervisor’s misconduct, even if they were unaware of it.

Ricotta & Marks, P.C. understands the complexities of these cases. We’re prepared to fight for your rights and pursue justice and compensation.

The implications of harassment by a supervisor extend beyond personal distress. It can hinder career advancement and create an environment where the victim feels trapped due to fear of retaliation or job loss. Employers must maintain diligent oversight to prevent such abuses and ensure their workplace culture promotes mutual respect and safety.

Legal Protections for Victims Who File Sexual Harassment Claims

Victims of sexual harassment have strong legal protections under federal, New York State, and New York City laws.

The Equal Employment Opportunity Commission (EEOC) recognizes two main types of sexual harassment:

• Quid pro quo harassment: When a supervisor or someone in authority demands sexual favors in exchange for job benefits or to avoid negative consequences.
• Hostile work environment: When unwelcome sexual conduct creates an intimidating, offensive, or abusive work environment. This can include offensive jokes, comments, unwanted touching, or displays of sexually explicit material.

Ricotta & Marks, P.C. can help you understand these complex legal issues and advocate for your rights if you’ve experienced either type of harassment.

Knowing the specific legal protections available can empower victims to take the necessary steps to seek justice. The EEOC and local laws are structured to provide a comprehensive framework for addressing grievances, ensuring that employers adhere to required standards and practices. Victims should feel confident that the law supports their right to a workplace free from harassment.

Protection Against Retaliation 

It is also illegal for employers to retaliate against someone for reporting sexual harassment or participating in an investigation. 

Retaliation can take many forms, such as:

• Termination or demotion
• Negative performance reviews
• Harassment or ostracism
• Denied promotions or opportunities

If you’ve been retaliated against for reporting sexual harassment, you may have a separate legal claim. 

Understanding your rights concerning retaliation is crucial for those seeking to report harassment. Fear of retribution can deter victims from raising complaints, so the law provides robust protections against such actions. Employers who retaliate can face significant legal consequences, emphasizing the importance of a fair and respectful workplace.

The Role of Ricotta & Marks, P.C. in New York Sexual Harassment Cases

At Ricotta & Marks, P.C., our approach is centered around understanding the unique aspects of each situation and tailoring our strategies accordingly. We provide comprehensive support to victims of sexual harassment through every stage of their legal journey. This includes initial consultations where we explore the specifics of your experience, support you during the often sensitive process of gathering evidence, and represent you in pursuing the resolution you deserve.

Our commitment goes beyond the courtroom. We believe in fostering broader cultural change within workplaces. We work tirelessly to ensure that our clients feel supported and empowered to challenge discriminatory practices. By focusing on detailed investigations and a client-first approach, our team can alleviate the burdens faced by victims while advocating for justice.

Don’t let workplace harassment go unchecked. Our experienced attorneys are ready to fight for your rights and hold wrongdoers accountable. Call Ricotta & Marks, P.C. now!