Sexual Harassment Attorney in New York
Serving NYC, Long Island, Westchester County, New York State and New Jersey
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 prohibiting 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.
Get the support you need from our sexual harassment lawyer in New York. Submit an online form or dial (212) 295-5828 now.
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.
New York’s comprehensive laws ensure that all employees, irrespective of their role or industry, are shielded from intolerable workplace conditions. Employees and employers must be well-versed not only with the definition of harassment but also with preventive and corrective measures that can be taken to avoid such scenarios. Regular training and awareness sessions can be highly beneficial in fostering a respectful and safe work atmosphere.
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: You must notify your employer or the human resources division of any harassment you may have experienced. A sexual harassment attorney in New York from our firm can help make sure your complaint is handled seriously by guiding you through this process.
- Legal Protections: Sexual harassment victims are able to file complaints with federal and state agencies. Our team of professionals can assist you in successfully navigating these legal options.
- Potential Remedies: If your claims are 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 deserve.
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.
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
Employers in New York are encouraged to implement regular training sessions to ensure that all staff understand the policies thoroughly. This helps build a culture of zero tolerance for harassment and creates a supportive environment where employees feel comfortable reporting any unwelcome behavior. Furthermore, having a robust and clear communication chain can significantly aid in the swift address and resolution of issues.
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 to 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 as sexual harassment.
Employers and employees alike should recognize that sexual harassment can also occur indirectly through a pervasive culture of inappropriate jokes or behavior. It is crucial to address these situations with the same seriousness as direct incidents, and foster an environment where such behavior is discouraged at all levels and any inadvertent issues are immediately and appropriately managed.
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Workplace Harassment: A Discussion on Power Dynamics
Sexual harassment in the workplace often stems from imbalanced power dynamics, where one party uses their position to exert influence or control over another. Recognizing these dynamics is crucial in addressing and preventing harassment. In many instances, harassment may not be overt but can be subtle and insidious, making it harder for victims to identify and report. By fostering an environment of accountability and open dialogue, workplaces can begin to dismantle these harmful power structures.
Employers in New York are encouraged to implement comprehensive training programs that address power imbalances and educate employees at all levels about their rights and responsibilities. Such programs not only seek to prevent harassment but also promote a culture of respect and equality, setting a standard for future workplace interactions. Organizations that take proactive measures create inclusive environments where all employees feel safe and valued.
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 attorneys 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.
Moreover, it is essential to maintain copies of any communication you initiate about the harassment. This documentation can be crucial during legal proceedings. It's also wise to familiarize yourself with your company's policies on sexual harassment and to understand the legal timelines within which you need to take specific actions.
New Developments in New York's Sexual Harassment Laws
In recent years, New York has been at the forefront of legislative improvements aimed at providing better protection for victims of sexual harassment. These changes are in response to an increasing recognition of the pervasive nature of harassment across various industries. Notably, amendments to the New York State Human Rights Law have expanded the protections available to employees, making it easier for victims to come forward without fear of retaliation or dismissal.
One of the key developments includes the extension of the statute of limitations for filing a sexual harassment complaint with the New York State Division of Human Rights, which is now three years. This extension allows victims more time to assess their experiences and gather the necessary documentation before pursuing legal action. Additionally, the legislation now covers independent contractors and other non-traditional workers, recognizing that everyone deserves a safe work environment.
Holding Organizations Accountable for Harassment
One of the most effective ways to combat sexual harassment is by holding organizations accountable for their practices and procedures. In New York, companies are expected to establish clear, accessible reporting mechanisms and to respond promptly to harassment complaints. This not only protects employees but also establishes the company as an advocate for fair workplace practices.
Businesses failing to implement effective anti-harassment policies may face significant legal and financial repercussions. By prioritizing a harassment-free workplace, companies can protect themselves from potential lawsuits and foster a culture that encourages reporting and resolution. Employers must view these procedures not as a compliance obligation but as an opportunity to demonstrate leadership and commitment to a healthy and productive work environment.
Don’t wait to address your legal needs—connect with Brown Kwon & Lam at (212) 295-5828 or complete our online form for a consultation.
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 actions 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 in to 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.
This type of harassment is particularly problematic as it can undermine an employee’s confidence in the relationship they hold with leaders, which can lead to an unhealthy and distrustful work environment. Organizations need to have clear policies in place to prevent acts of quid pro quo and to diligently investigate any allegations to ensure fairness and accountability.
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.
Frequently Asked Questions About Sexual Harassment in NYC
What Should I Do If My Employer Dismisses My Complaint?
If your employer dismisses your sexual harassment complaint or fails to take it seriously, you have several options. Firstly, document all interactions and efforts made to notify your employer about the issue. Consider reaching out to a New York sexual harassment lawyer to discuss the legal avenues available to you. New York state law provides you with the right to file a complaint with the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC). Our team at Brown Kwon & Lam can guide you through this process to ensure your rights are protected.
Are There Time Limits for Filing a Sexual Harassment Complaint in New York?
Yes, there are specified time limits for filing a sexual harassment complaint in New York. Generally, victims have three years from the date of the last incident to file a complaint with the New York State Division of Human Rights. However, if you choose to file a complaint with the EEOC, the timeframe may vary, depending on the circumstances. It's important to consult with an attorney to understand the specific deadlines related to your situation to ensure that your complaint is filed timely.
How Can I Support a Colleague Who Is Experiencing Harassment?
If a colleague confides in you about experiencing harassment, providing support can be critical. Listen empathetically and affirm their feelings, letting them know they are not alone. Encourage them to document incidents and report the harassment to HR or appropriate authorities. Avoid pressuring them to take actions they are not comfortable with; instead, offer to accompany them if they choose to report the issue. Knowing they have support can empower your colleague to seek the help they need.
What are the Penalties for Employers Who Fail to Act on Harassment Allegations?
Employers in New York who fail to address harassment allegations may face legal and financial penalties. They could be liable for damages awarded to the victim, including compensation for emotional distress and punitive damages. Additionally, if found non-compliant with state laws, employers might incur fines and be subject to increased scrutiny from regulatory bodies. Ensuring a robust response to allegations not only protects the victims but also mitigates potential legal risks for the organization.
What Role Does Witness Testimony Play in a Sexual Harassment Claim?
Witness testimony can be a crucial component of a sexual harassment claim, providing additional evidence to support the victim's allegations. Witnesses can corroborate the victim's account of events, making it harder for the perpetrator to deny the claims. It’s important for witnesses to provide truthful, unbiased testimony, and they should be prepared to support the victim at different stages of the legal process. Their involvement can be instrumental in achieving a just outcome.