Sexual harassment in New York City is a form of sex discrimination that violates federal employment discrimination law, specifically Title VII of the Civil Rights Act of 1964. We represent our clients facing unwanted workplace sexual harassment in New York City and can help ensure that their rights are protected.
What is sexual harassment in New York?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute New York sexual harassment when:
- Submission to or rejection of this conduct explicitly or implicitly affects an individual's employment
- It unreasonably interferes with an individual's work performance
- It creates an intimidating, hostile or offensive work environment
Sexual harassment in New York can occur under a variety of circumstances, including the following:
- The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
- The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
- The harasser's conduct must be unwelcome.
What should you do?
The victim of NYC sexual harassment in the workplace should directly inform the harasser that the conduct is unwelcome and must stop. If this is unsuccessful, the individual should use any employer complaint mechanism or grievance system available.
The courts look at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sex harassment in NYC will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.