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Employees are entitled to a safe and harassment-free workplace. These rights are protected by local, state, and federal laws, however, some workers still experience sexual harassment daily. If you or a loved one have experienced sexual harassment in the workplace, contact one of our experienced Bronx New York employment attorneys at Pryor Law to learn more about your rights. You may be entitled to significant compensation. 

Types of Sexual Harassment

Sexual harassment in the workplace often takes one of two forms: Quid pro quo sexual harassment and hostile work environment sexual harassment. While both can result in a workplace harassment claim, there are distinctions between the two:

Quid pro quo Sexual Harassment: Quid pro quo occurs when a condition of your employment, such as a raise or promotion, is dependent on a sexual favor or advance. This can also occur as retaliation when an employee is punished or otherwise mistreated after refusing a date or sexual advance. For example, receiving a pay cut after refusing a date with your boss is considered quid pro quo sexual harassment.

Hostile Work Environment: A hostile work environment is a more general and common form of sexual harassment, which can include sexual comments or “jokes,” unwanted touching, gestures, or other sexually motivated actions by an employer or coworker.

What to do if You’ve Experienced Sexual Harassment in the Workplace

• Confront your harasser: It may sound scary, but this is helpful to establish that the harassment was unwanted, especially if you wish to file a claim against your employer in the future. Firmly state the behaviors that are unacceptable and demand they change their behavior. You could also tell them you will file a claim with your employer if they continue harassing you. If you are unable to confront your harasser yourself, you can enlist a third party to do it on your behalf. It should be done in writing and preserved for the future.

• File a complaint: If your harasser’s behavior continues, file a complaint with your employer’s human resources department. Most HR departments have a formal procedure for filing a harassment claim. However, if they do not, make sure you complain of the behavior in writing to whoever is in the HR department or your direct report. Again, make these complaints in writing.

• Contact the NYS Division of Human Rights: If your employer fails to act or the harasser continues their actions, you should file an administrative complaint with the New York State Division of Human Rights. Doing so will prompt an official review of your claim, which may lead to penalties against your employer or legal intervention in your case. An attorney can help you file this type of administrative complaint.

• Contact an Experienced Employment Attorney: Contact one of our experienced Bronx, New York employment attorneys to discuss your legal options. Bringing civil action against your employer and the harasser can help you recover compensation for your suffering.

Damages for Sexual Harassment in the Workplace

Employees that have suffered sexual harassment in the workplace can have many different “damages” from the conduct. Employees could suffer a failure to advance in their company or receive a promotion or raise because of their rebuttal of a harasser’s advances. Employees may even be fired because of their complaints of harassment or refusing to engage with a harasser who is their supervisor. An employment law attorney can seek compensation on your behalf for wages you should have received had the sexual harassment not occurred. Further, there are damages for emotional distress or pain and suffering for enduring sexual harassment. 

Important Local, State, and Federal Laws Governing Sexual Harassment

Local, state and federal laws protect employees from workplace harassment and discrimination, including sexual harassment. The following laws apply to Bronx, New York, workplace harassment claims:

• The New York City Human Rights Law: The New York City Human Rights Law protects all individuals against sexual harassment, which includes sexual harassment in the workplace, in housing, and in public accommodations.

• Title VII of the Civil Rights Act of 1964 protects employees from hostile work environments, including sexual harassment, abusive language, insults, slurs, and other derogatory words and gestures from employers and fellow employees. 

• New York State Human Rights Law: New York State Human Rights Law mandates that all employers provide their employees with a harassment-free work environment. 

Who is Liable in a Workplace Sexual Harassment Claim?

Employers are liable for any workplace harassment claim, which includes sexual harassment. Even if your harasser was a coworker, the US Equal Employment Opportunity Commission (EEOC) maintains that employers have a duty to protect their workers and “prevent and promptly correct the harassing behavior.” Additionally, the EEOC notes that your employer may not be liable if the employee did not take advantage of any reasonable preventive or corrective measures or opportunities provided by the employer.

When Should I Contact a New York Employment Attorney?

The statute of limitations for most New York employment discrimination ranges from one (1) year for some claims to six (6) years for others. Click here for more information about Harassment and Discrimination Claims, including relevant laws. To find out your exact deadline, contact one of our employment attorneys at Pryor Law for a free, no-obligation consultation. 

If you or a loved one have experienced sexual harassment in the workplace, contact one of our experienced employment attorneys at Pryor Law to discuss your experience. We will evaluate your situation to determine if your employer has violated labor and employment laws and fight for your rights to get you the justice and compensation you deserve. Call us at (718) 829-0222 or fill out our online contact form to get in touch with an experienced and dedicated Bronx, New York employment attorney.

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We work closely with our clients to ensure their legal rights are protected. Call us at (718) 829-0222 or fill out our contact form for a free, no-obligation consultation to discuss your employment matter. We are in the Bronx, New York, and our experienced employment attorneys are ready to fight for you.

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Pryor Law

292 City Island Ave., Bronx, NY 10464

Phone: 718-829-0222 | Email: info@pryorlaw.com