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Sexual Harassment

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New York has strict laws concerning sexual harassment in the workplace. In August 2019, Governor Andrew Cuomo signed legislation that strengthened the New York State Human Rights Law, the state law that prohibits discrimination in the workplace. Now, employers in New York must create sexual harassment policies that meet the minimum state requirements. If they fail to do so, and you are a victim of this form of harassment, you have rights.

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:

Examples of Sexual Harassment in the Workplace

There are many forms of behavior that may qualify as sexual harassment in the workplace. Common incidents include:

Though this is only a snippet of the types of behaviors that may occur, almost anything that makes the work environment uncomfortable or impacts an employee’s ability to work is considered sexual harassment.

Quid Pro Quo Sexual 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.

Examples of quid pro quo sexual harassment in the workplace include:

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

Because there are state and federal laws protecting employees from sexual harassment, an employer may face penalties under both. Such penalties include:

Employees who engaged in sexual harassment will also face penalties for their actions. This can include discipline against the employee such as:

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. Let us 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.

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