New York City Sexual Harassment Attorneys
New York has strict laws concerning sexual harassment in the workplace. In August 2019, Former Governor Andrew Cuomo signed legislation that strengthened the New York State Human Rights Law, the state law that prohibits discrimination in the workplace. After that, employers in New York had to create sexual harassment policies that met the minimum state requirements. If they failed to do so, and you are a victim of this form of harassment, you have rights.
Serving NYC, Long Island, Westchester County, New York State & New Jersey.
Understanding Your Rights: A Guide to Sexual Harassment Laws
At Brown Kwon & Lam, we believe that knowledge is power. Understanding your rights regarding sexual harassment can empower you to take action and seek justice. In New York City, various laws protect employees from sexual harassment in the workplace, including the New York State Human Rights Law and the New York City Human Rights Law. These laws prohibit any form of sexual harassment, including unwanted advances, inappropriate comments, and hostile work environments.
Here are some key points to keep in mind:
- Definition of Sexual Harassment: Sexual harassment can take many different forms, such as physical, verbal, and non-verbal acts. Understanding what defines harassment is the first line of defense.
- Reporting Procedures: It is imperative that you notify your employer or the human resources division of any harassment you may have experienced. Our lawyers can help make sure your complaint is handled seriously by guiding you through this process.
- Legal Protections: Sexual harassment victims are able to send in complaints with federal and state agencies. Our team of experts can assist you in successfully navigating these legal options.
- Potential Remedies: If your case is successful, you may be eligible for compensation for lost pay, emotional suffering, and other losses. Our goal is to support you in pursuing the justice you are due.
By understanding your rights and the legal protections available to you, you can take the first steps toward reclaiming your power. If you have been a victim of sexual harassment, don’t hesitate to reach out to our team at Brown Kwon & Lam for a confidential consultation. We are here to support you every step of the way.
What Should I Do If I’ve Been Sexually Harassed?
If you believe you've been sexually harassed at work, it's crucial to act promptly. Document every incident, including dates, times, and any witnesses. Report the harassment to your HR department or supervisor, following your company's procedures. It's also wise to consult with NYC sexual harassment lawyers near you to understand your rights and legal options. At Brown Kwon & Lam, we can provide guidance on filing complaints with the appropriate agencies and help protect you from any potential retaliation. Taking these steps can safeguard your rights and strengthen your case. Get in touch with us now -- (212) 295-5828.
New York Standards for Sexual Harassment Policies
New York employers must provide written copies of sexual harassment prevention policies to their employees which meet the minimum requirements of New York law.
These policies must include information and rules such as:
- Prohibit sexual harassment consistent with guidance by the Department of Labor
- Provide examples of prohibited conduct
- Include information on the provisions concerning sexual harassment, remedies available to victims, and a statement that there may be applicable local laws
- Include a complaint form
- Inform employees of their rights
- Include a procedure for the timely and confidential investigation of complaints
- Clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in such action, in addition to the supervisors or administrative personnel who knew of its occurrence
- Clearly state that retaliation against individuals who complain of sexual harassment is illegal
Examples of Sexual Harassment in the Workplace
There are many forms of behavior that may qualify as sexual harassment in the workplace. For instance, common incidents include:
- Sending inappropriate videos or pictures with co-workers
- Sending suggestive emails, notes, etc.
- Posting offensive posters or pictures or sexual imagery in workspaces
- Making sexual or lewd comments
- Inappropriate and unwanted sexual advances or gestures
- Making comments about body parts, clothing, or appearance in a sexual manner
- Inappropriately making physical contact with another person
- Asking a coworker about their sexual orientation/history, etc.
- Making comments about someone’s gender identity or sexual orientation
Though this is only a snippet of the types of behaviors that may occur. As a matter of fact, the law considers almost anything that makes the work environment uncomfortable or impacts an employee’s ability to work sexual harassment.
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Quid Pro Quo Harassment
While sexual harassment can happen between powers of authority and subordinates or even coworkers on the same level, when a manager, supervisor, etc. begins to make sexual advances at you, you likely have a reason for concern.
Quid pro quo sexual harassment involves a person of authority in the workplace making requests or demands for sexual favors as a condition of employment. This includes employment benefits like raises, bonuses, or promotions, as well as adverse employment action like firing or demoting.
For example, quid pro quo sexual harassment in the workplace includes:
- Being offered a job in exchange for sexual favors
- Performance evaluation is altered based upon a willingness to engage in sexual acts
- Being offered an employment benefit in exchange for a sexual favor
- Being fired for not giving into sexual demands
If a supervisor, employer, manager, etc. offers you a condition of employment or another benefit, you likely have grounds for a quid pro quo sexual harassment claim, even if there is only one instance of harassment.
Penalties For Sexual Harassment in New York
Because there are state and federal laws protecting employees from sexual harassment, an employer may face penalties under both.
For this reason, such penalties include:
- Repayment of lost wages to the victim
- Compensatory and punitive damages
- Legal fees
- Job reinstatement
Employees who engaged in sexual harassment will also face penalties for their actions. This can include discipline against the employee such as:
- Reprimands
- Mandatory training and counseling
- Transfers
- Wage or salary deduction
- Suspensions
- Terminations
In short, if you experience this type of harassment, know that you are not alone. You may feel defenseless and as if you have lost your voice, but we can help you bring it back.
Let the employment attorneys of Brown Kwon & Lam represent you in your New York sexual harassment case. We have the experience and the drive to bring you justice. Contact us today.