New York Sexual Harassment Lawyers
Standing Up for Workplace Harassment Victims Throughout New York and New Jersey
Have you experienced sexual harassment at work in New York City? Call Arcé Law Group today at (866) 426-7182 or contact us online for a confidential consultation and learn how we can protect your rights!
What Is Sexual Harassment in New York City?
The definition of workplace sexual harassment, according to New York City and NY State law, may seem simple:
- Unwelcome sexual advances; and/or
- Unwanted requests for sex, and/or
- Verbal, pictorial, or physical harassment of a sexual nature; and/or
- Offensive comments about a person’s sex/gender
Unfortunately, New York City sexual harassment cases are not always that straightforward. There are many nuances and aspects of New York law that many New York workers are unaware of.
Seeking the guidance of a qualified sexual harassment attorney is vital. We can review the details of your specific sexual harassment claim to ensure you have a case.
The Two Types of Sexual Harassment Recognized Under New York City Law
Quid Pro Quo
Hostile Work Environment
Sexual Harassment Can Happen to Anyone — Regardless of Gender or Position
Whether you are a man, woman, or transgender, anti-sexual harassment laws protect your rights as a New York City employee. Under the law, a man can harass a man, a woman can harass a man, a woman can sexually harass a woman, or a man can harass a woman.
Sexually harassing a person because of his or her gender identity or status is also illegal in New York City. Furthermore, workplace sexual harassment doesn’t just occur between a supervisor and a subordinate.
You might have cause for a lawsuit or EEOC claim if you’ve endured inappropriate behavior from a:
- Boss
- Co-worker
- Executive
- Subordinate
- Independent contractor
- Contractor
- Customer or client
It’s essential to note that the dynamics of sexual harassment complaints are not limited to traditional hierarchical relationships in the workplace. Numerous cases involve different levels of authority and relationships, including peers and clients, reinforcing that harassment is about the misuse of power rather than position. New York City’s comprehensive legal framework ensures that protections are broad-reaching, encompassing diverse workplaces and various employment situations.
Take the first step toward justice — reach out to our New York City sexual harassment lawyers now to discuss your case and pursue the compensation you deserve.
Examples of Workplace Sexual Harassment
Empowering Employees to Take Action
See how we've helped professionals fight back against harassment and retaliation
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Laws Protecting You From Sexual Harassment in New York City
Our New York City sexual harassment lawyers see clients from all walks of life come through our doors. Regardless of your occupation, certain laws safeguard your employment rights.
In fact, New York City has some of the broadest and most liberal employee rights laws in the entire nation, making it easier for victims of sexual harassment to secure the compensation they deserve after they’ve experienced an ordeal.
Title VII of the 1964 Civil Rights Act
A federal law, Title VII of the 1964 Civil Rights Act protects workers across the nation. Our New York City sexual harassment attorneys bring cases to the Equal Employment Opportunity Commission (EEOC) and then federal court, if necessary, when an employer has violated this federal law.
Title VII of the Civil Rights Act:
- Applies to employers with 15 or more employees.
- Requires you to file a charge with the EEOC first. If the case cannot be resolved by the EEOC, which is an administrative body, you bring your claim to federal court.
- Does not cover offhand comments and “simple teasing.” The behavior must be severe in nature.
- Allows you to recover compensation for lost wages, lost out-of-pocket expenses, attorneys’ fees, legal costs, and compensation for emotional distress. However, there are established limits on how much money you can collect based on the size of the employer.
Our New York City sexual harassment lawyers can let you know if you should bring your case under Title VII.
New York State Human Rights Law
Sexual harassment is considered a form of sex discrimination per the New York State Human Rights Law (NY HLR). The NY HLR defines sexual harassment the same way as Title VII-- it includes unwelcome sexual advances and requests for sex, as well as verbal or physical harassment based on sex.
Unlike Title VII, however, it applies to employers with four or more employees. So, if you were employed at a smaller organization, you may be able to bring a harassment charge under this law.
Under the NY HLR, the conduct must be “severe” or “pervasive” in nature. So, like Title VII, an isolated incident is unlikely to be considered New York sexual harassment unless the act was completely egregious, such as a sexual assault.
If our sexual harassment attorney files a claim under this law, we might file it with the New York City Division of Human Rights, or in New York State Superior Court.
New York City Human Rights Law
Employee protections within the City of New York are even more favorable than in the state overall. Title 8 of the Administrative Code of the City of New York is known as the New York City Human Rights Law (NYC HLR). The NYC HLR is one of the broadest anti-discrimination and anti-harassment laws in the country. Its aim is to create a zero-tolerance policy on discriminatory behaviors in NYC workplaces.
The NYC HRL applies to employers throughout the city of New York with at least four employees, including the city government, but not the state and federal governments. Unlike Title VII, individual business owners and supervisors may be held liable under the NYC HRL.
According to the NYC HLR, harassment DOES NOT need to be “severe” or “pervasive.” Instead, you simply need to show that the conduct was unwelcome. This allows more employees to seek justice when their employers have wronged them. The knowledgeable sexual harassment attorneys at Arcé Law Group can give you more information about this helpful law and your specific legal rights as a New York City employee.
What Is Workplace Retaliation?
In terms of employment law, retaliation refers to behavior that seeks to intimidate employees into silence regarding unfair work practices, complaints, or the assertion of their rights.
Retaliation differs from harassment or discrimination, as it typically occurs after a report of illegal or unethical conduct has been made. An employer’s retaliation can lead to adverse employment actions against the employee. If the terms or conditions of your employment have been negatively affected after you made a complaint of harassment or we were involved in an investigation, you may be a victim of employment retaliation.
Common reasons for workplace retaliation include whistle-blowing against fraudulent practices, asserting your right to workers’ compensation or protected family or medical leave, and reporting sexual harassment and discrimination.
Retaliation and Sexual Harassment
Under Title VII of the 1964 Civil Rights Act, New Jersey’s Law Against Discrimination, and the New York Human Rights Law, retaliation is prohibited when you:
- Complain of sexual harassment to your boss
- File an internal complaint of harassment with Human Resources
- File a charge of sexual harassment with the Equal Employment Opportunity Commission (EEOC)
- Bring a lawsuit to federal, state, or municipal court
- File a charge of sexual harassment with the Division of Human Rights or the Commission on Civil Rights in either New York or New Jersey
- Participate in a harassment proceeding
- Become involved in a harassment investigation by the courts, EEOC, or police
- Opposed harassment in any way in the workplace
Employees must recognize when their rights may have been violated due to retaliation. Situations involving retaliation can often be subtle, so documenting any changes in your treatment at work following a complaint is vital. Our sexual harassment lawyers in New York can help you navigate these complex situations, advising on legal strategies to counter any punitive measures employers may take in response to legitimate complaints.
Don’t wait to take action. Speak with a trusted New York City sexual harassment lawyer today to understand your legal options and hold your employer accountable!
Have I Been Retaliated Against?
