Gregory Kirschenbaum is a highly experienced sexual harassment lawyer in NYC, licensed in New York, New Jersey, and Florida. Over more than a decade, Gregory has secured significant victories for employees, including a $2.2 million verdict in a race discrimination case, a $1.8 million verdict in another race discrimination case, and hundreds of confidential resolutions. These results demonstrate not only his skill but also the relentless approach that he and the team at Arcé Law Group (ALG) bring to every case. If you believe you are being subjected to sexual harassment, call (212) 248-0120 and ask for Greg for a free consultation.
At ArcéLaw Group, we represent employees in New York, New Jersey, Pennsylvania, and Florida, and we are known as one of the top employment law firms in these states. Our attorneys have decades of combined experience fighting for employees’ rights and are not afraid to take cases to trial. ALG has built a reputation for being relentless advocates and delivering results in sexual harassment and employment discrimination cases.
Two Main Types of Sexual Harassment
There are two primary types of sexual harassment claims: quid pro quo and hostile work environment. Both involve the unfortunately common reality of employees being subjected to inappropriate workplace behavior, but they differ in how the law evaluates them.
Importantly, under Title VII of the Civil Rights Act of 1964 (“Title VII”), only employees at companies with 15 or more employees are protected. Workers at smaller employers must rely on state or local human rights laws, which often provide stronger protections.
Let’s explore what each of these claims mean and how the law protects employees in different situations.
What is Quid Pro Quo Sexual Harassment?
“Quid pro quo” means “this for that.” Under Title VII, the New York State Human Rights Law (NYSHRL), and other state laws, it occurs when a supervisor or person of authority makes job benefits (like promotions, raises, or continued employment) contingent on submitting to unwanted sexual conduct.
For example:
- Being pressured to engage in sexual conduct to get hired, promoted, or avoid termination.
- Being assigned unfavorable shifts or extra overtime after rejecting advances.
- Facing sudden hostility, excessive criticism, or threats of discipline following rejection of a supervisor’s advances.
While certain claims may be limited if an employee resigns instead of being formally penalized, it’s always critical to speak with an experienced sexual harassment attorney to understand your rights.
What is a Hostile Work Environment?
A hostile work environment arises when an employee’s work conditions are negatively impacted by sexual comments, conduct, or gender-based mistreatment. The standard for proving this claim depends on the law applied.
Why Title VII Claims Are Difficult
Under Title VII, harassment must be “severe or pervasive.”
Courts have dismissed claims involving conduct such as:
- Being invited out to dinner by a supervisor.
- Being brushed up against once.
- Two sexual innuendos over nine months.
- A supervisor calling someone a pornstar while making a gesture.
Still, Title VII claims are possible. A single act of sexual assault, groping, or repeated propositions can be sufficient. Employees should consult counsel to evaluate whether their experience rises to the legal standard.
Why New York State and City Laws Provide Stronger Protection
Unlike Title VII, NYSHRL and NYCHRL apply to employers of any size and only require proof of conduct beyond a “petty slight or trivial inconvenience.” This lower threshold provides far stronger protection for New Yorkers.
Examples that may qualify include:
- Repeated degrading comments or public humiliation.
- Unwanted remarks about your body or appearance.
- Gender-based insults or exclusion.
Employers may be liable if they fail to take proper action after complaints. Under the NYCHRL, supervisors’ harassment automatically creates employer liability, making NYC one of the most employee-friendly jurisdictions in the country.
Conclusion
Despite the #MeToo movement, sexual harassment in the workplace remains a widespread problem. At Arcé Law Group (ALG), we take pride in being a top employment law firm in NY, NJ, PA, and FL, with a proven record of success in sexual harassment and discrimination cases. Our attorneys are relentless advocates who are not afraid to litigate — and we have the results to show for it.
If you believe you have been sexually harassed, you are not alone. Contact Gregory Kirschenbaum at Arcé Law Group, P.C. for a free consultation and take the first step toward protecting your rights.
Arcé Law Group represents employees in New York City, Newark, Philadelphia, as well as throughout Florida, and has recovered millions for employees facing sexual harassment. Learn your rights under NY, NJ, PA & FL laws. Free consultation available.