Sexual harassment has no place in the workplace. Whether you're an employee or an employer, knowing how to identify, prevent, and address harassment is essential to creating a safe and respectful environment for everyone.
If you're working in New York, where diverse and vibrant workplaces thrive, understanding your rights and responsibilities is vital. This guide offers practical tips for both employees and employers to help foster a harassment-free workplace.
Understanding Sexual Harassment
Sexual harassment is any unwelcome behavior of a sexual nature that creates an intimidating, hostile, or offensive work environment. It can include inappropriate comments, physical advances, or other actions that make individuals feel uncomfortable or unsafe.
There are two main types of workplace sexual harassment under the law:
- Quid Pro Quo ("this for that"): When employment opportunities, like promotions or raises, are contingent on sexual favors.
- Hostile Work Environment: When ongoing behavior, such as inappropriate jokes, remarks, or unwanted advances, disrupts an employee's ability to perform their work.
Under New York law, workplace sexual harassment is prohibited, and employers are required to take steps to address and prevent it.
For Employers: Steps to Build a Safe Workplace
Employers bear the responsibility of creating an environment where harassment is not tolerated. Here's how to foster a culture of respect and prevent harassment in your organization.
1. Establish a Clear Anti-Harassment Policy
Your workplace must have a clear, comprehensive policy that defines sexual harassment, provides examples, and outlines steps for filing complaints. Ensure this policy is visible and accessible to all employees.
2. Provide Mandatory Training
New York law requires employers to provide annual sexual harassment prevention training to all employees. Make sure the training:
- Educates employees about unacceptable behavior
- Explains New York laws and employees' rights
- Guides supervisors on handling complaints appropriately
3. Set the Tone at the Top
Leadership sets the example for workplace behavior. As an employer or manager, model respectful conduct and accountability. Reinforce that harassment will not be tolerated under any circumstances.
4. Offer Multiple Reporting Channels
Make it as easy as possible for employees to report harassment. Offering multiple reporting options, such as HR hotlines, anonymous forms, or direct supervisors, can ensure employees feel safe speaking up.
5. Investigate Complaints Promptly
Every complaint should be taken seriously. Conduct thorough, unbiased investigations while ensuring confidentiality for all parties involved. Swift and fair action demonstrates your commitment to addressing issues effectively.
For Employees: Steps to Protect Yourself
If you’re an employee, you have the right to feel safe and respected in your workplace. Here’s how to recognize and respond to harassment and take charge of your environment.
1. Know Your Rights
Employees in New York are protected by both state and city laws. These regulations set strict standards for preventing and addressing harassment. Familiarize yourself with:
- The New York State Human Rights Law
- The New York City Human Rights Law
Remember, you are not alone. Resources and individuals are available to stand with you every step of the way.
2. Recognize the Signs
Sexual harassment can be subtle. Keep an eye out for:
- Offensive comments or inappropriate jokes that demean individuals based on their gender
- Unwanted touching, gestures, or physical advances
- Explicit messages or visual materials shared in the workplace
3. Document Incidents
If you experience or witness harassment, start documenting the details. Write down:
- Dates, times, and locations of incidents
- Names of those involved or who were witnesses
- Specific comments or actions
This documentation becomes critical if you decide to file a complaint.
4. Speak Up
If you feel safe doing so, address the behavior directly by letting the individual know their actions are unwelcome. A clear statement such as, "This comment makes me uncomfortable, and I’d prefer it if you didn’t say that again," can set boundaries.
5. Report the Behavior
Your employer should have a clear policy for handling harassment complaints. Follow the outlined steps to report the incident. If no action is taken, or you face retaliation, you can file a complaint with the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC).
Building a Culture of Respect
Preventing workplace harassment isn’t just about compliance – it’s about building an inclusive, welcoming environment where everyone feels valued. Both employees and employers have a role to play in fostering this culture.
Workplace sexual harassment is a complex and sensitive issue, but by staying informed, proactive, and empathetic, we can make a meaningful difference. Employees should feel empowered to speak up, and employers must take steps to ensure safety and accountability.
Speak to New York Sexual Harassment Lawyers
If you are experiencing workplace sexual harassment, it is important to know that you have legal options and resources available to you.
At Arcé Law Group, our premier New York City sexual harassment lawyers can help you understand your rights and legal options for addressing workplace sexual harassment. We'll provide valuable guidance and support as you navigate the legal system. Trust that we'll fight fiercely on your behalf.
If you're an employee in New York, New Jersey, or Philadelphia and experiencing harassment in the workplace, we're here to help.
When you're ready to explore your options, call us at (866) 426-7182for a free consultation.