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When most people think of harassment in the workplace, they imagine a boss berating or sexually harassing subordinates. While being in the power seat can lead to these issues, workplace harassment extends beyond the manager-employee relationship and encompasses any form of harassment in the workplace—from a coworker, maintenance member, customer, or non-employee.
At Joseph & Norinsberg LLC, our team of highly-skilled, compassionate employment attorneys understands the emotional complexities of co-worker harassment cases, especially when a victim is reliant on that particular job for financial security. For financial reasons, and fear of retaliation, many victims of workplace harassment never speak up. But suffering in silence hurts the victim and other potential victims, alike.
If you have been violated by a fellow colleague, it is important to speak to an experienced New York City coworker harassment lawyer from Joseph & Norinsberg LLC to discuss your options. We will ensure that you fully understand your rights before moving forward, and we will remain firmly by your side throughout the entire process. Contact us today for a confidential consultation about your case.
How do I Know if Coworkers are Harassing Me?
Any action employees do to other employees that creates an intimidating, abusive, or hostile work environment in New York City qualifies as harassment. It’s important to understand that an isolated incident (unless it’s extremely serious), petty slight, or simple annoyance at work isn’t the same as harassment or abuse in the eyes of the law. To break anti-discrimination laws, the unwelcomed conduct must create a workplace where it’s impossible to work.
Anyone can be a victim of workplace harassment. The stereotype is that harassment comes from someone in a higher position, extending power beyond the realm of what’s acceptable. However, employee-employee harassment happens all the time. Federal and New York state anti discrimination laws make sexually abusive or offensive conduct in the workplace illegal, but unfortunately, hundreds of workers still face harassment every day.
Furthermore, if a co-worker is harassing you based on race or color, national origin, sex, age, religion, pregnancy, or disability, their actions are unlawful under federal law. In addition to ending the harassment and protecting yourself, reporting unlawful harassment can protect countless others who may have become potential victims of the harasser. Do not suffer in silence for another day. An experienced NYC coworker harassment lawyer can help.
What Constitutes Harassment in a New York City Workplace?
Any action employees do to other employees that creates an intimidating, abusive, or hostile work environment in New York City qualifies as harassment. It’s important to understand that an isolated incident (unless it’s extremely serious), petty slight, or simple annoyance at work isn’t the same as harassment or abuse in the eyes of the law. To break anti-discrimination laws, the unwelcome conduct must create a workplace where it’s impossible to work.
Anyone can be a victim of workplace harassment. The stereotype is that harassment comes from someone in a higher position, extending power beyond the realm of what’s acceptable. However, employee-employee harassment happens all the time. Federal and New York state anti discrimination laws make sexually abusive or offensive conduct in the workplace illegal, but unfortunately, hundreds of workers still face harassment every day.
Examples of Coworker Harassment in a New York Workplace
Co-worker harassment can take myriad forms, but some of the most common examples occur when a co-worker:
- Makes offensive remarks directly to you, or about you;
- Sends you sexually-offensive, racially-offensive, or other forms of offensive emails;
- Posts offensive images in the office;
- Makes sexually derogatory remarks to you, or about you to others;
- Tells offensive or sexually-inappropriate jokes;
- Says that if you don’t have sex with him, he will report you for something negative;
- Engages in unwanted flirting; and
- Engages in unwanted touching.
What To Do If You Are Being Harassed at Work By Another Employee
If you believe that you are a victim of workplace harassment, it is in your best interest to seek legal counsel and begin building a case against the perpetrator of these actions. The following steps can help you to do this effectively:
- Gather as much evidence as possible. This may include, but is not limited to, emails, texts, hand-written notes, voice messages, and photos of offensive materials.
- Report the harassment to your employer.
- Gather written reviews indicating the quality of your performance.
- Obtain a copy of your employee manual.
- Keep a journal of the harassment against you, including the date and time of each incident and as much detail as possible.
- Get the name and contact information of any witnesses who are willing to remark on the harassment.
- Contact an NYC co-worker harassment attorney immediately.
Even if you are unsure whether the actions against you constitute workplace harassment, it is never too easy to have an attorney on your side. The longer you wait, the harder it becomes to build a successful case against your co-worker. Contact Joseph & Norinsberg, LLC today.
Who is Responsible For Employee-Employee Work Harassment?
If you’re involved in an abusive or inappropriate situation with a fellow coworker that you believe qualifies as harassment, you should file a claim with your company, with the Equal Employment Opportunity Commission, and finally with the civil court. Liability for an offensive or abusive employee may lie with the company itself or with the individual coworker, depending on the situation.
The courts may find an employer liable for an employee’s inappropriate actions if the company is legally responsible for harm its employee’s cause. If the employee was acting within the scope or his or her employment when harassing another employee, the courts will likely hold the employer responsible for damages. If the harassment happened after work, the courts will hold the individual responsible. Working with a New York City coworker harassment lawyer is the best way to ensure you’re being protected and compensated for workplace harassment and discrimination.
What if Your Employer Does Not Stop The Harassment?
If the harassment continues despite reporting the unlawful behavior to your employer, you may file a charge with the Equal Employment Opportunity Commission (EEOC). A NYC workplace harassment lawyer can help you file this federal charge, as well as any applicable state/local filings under the New York State and New York City human rights laws. You only have a 180-day window within which to file a federal charge of workplace harassment, so it is critical to move quickly. Contact an experienced coworker harassment attorney immediately to determine your options.
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Contact a New York City Coworker Harassment Attorney Today
Workplace harassment is intolerable regardless of who the harasser is and what position he or she holds within the company. Harassment can result in long-lasting emotional and mental damages, often requiring therapy. Harassment based on discrimination (often due to race, gender, or age) against a person for perceived differences is illegal in NYC’s workplaces, and victims can come forward to seek justice without fear of personal or professional retaliation.
Joseph & Norinsberg LLC has over 50 years of collective experience defending the rights of the discriminated, harassed, and abused employees of the Greater New York City area. Get in touch with a work harassment lawyer from our firm through contacting us online today. We offer free evaluations to all of our clients and will give you a fair and honest assessment of your case.
Bennitta Joseph is an experienced New York City sexual assault attorney with over seventeen years of experience litigating cases involving workplace harassment. She takes on cases with uncompromising dedication, patience, and a relentless desire to achieve justice.
Sexual harassment case against a luxury brand in the fashion industry (confidential).
Secured compensation for several years of lost wages, and emotional distress, and compensation for the physical assault.
Sexual harassment case settled against a large bio-tech company.
