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While most associate sexual harassment involving a manager and employee, it can be from a supervisor, coworker, customer, or non-employee. It can happen to men and women, and it doesn’t have to come from the opposite sex. A New York City same-sex workplace harassment attorney knows workplace harassment is a violation of state and federal laws in any capacity, and every victim has the same rights to fight for justice.
Same-sex sexual harassment is an ongoing problem in today’s workplaces. However, it doesn’t receive as much attention as other forms of harassment, like manger-employee harassment or coworker harassment in New York City. Understanding how to recognize same-sex sexual harassment and what the law says about it can help you prevent and put an end to this problem in your workplace.
How To Identify Same-Sex Sexual Harassment In The Workplace
The Equal Employment Opportunity Commission enforces Title VII of the Civil Rights Act’s prohibition of sex discrimination as acts based on gender identity or sexual orientation. This covers LGBT-related sexual discrimination claims, including failing to hire an applicant due to sexual orientation. It also covers same-sex sexual harassment, regardless of the genders or sexual orientations of the harasser and victim.
An experienced New York City workplace harassment attorney knows this specific form of harassment can be difficult to identify in the workplace. You may not be expecting these behaviors as much as from someone of the opposite sex, or you may not realize that same-sex sexual harassment is illegal. Same-sex sexual harassment is typically discriminatory in nature and doesn’t have to involve unwanted physical touch. It can include sexual comments, imagery, or obscene gestures. Any form of conduct that makes you feel uncomfortable is harassment in the eyes of the Equal Employment Opportunity Commission.
Same-sex sexual harassment can look the same as other forms of sexual harassment in the workplace. For example, a female boss can demean, humiliate, and harass a group of female employees based on their gender. A male employee can make lewd gestures or inappropriately touch a male coworker. When someone of the same sex is your harasser, you may not realize he or she is victimizing you. However, if his or her actions create a hostile work environment, you can sue the responsible party.
Who is Responsible In a Same-Sex Sexual Harassment Case?
The law states that the employer is responsible for maintaining a harassment-free work environment. This means he or she must take effective action in response to a sexual harassment claim. Employees should be able to report same-sex harassment in the workplace to the proper authorities and expect effective action. If an employer is aware of an ongoing same-sex sexual harassment problem and does nothing to stop it, the courts will likely find the employer responsible for the employee’s actions.
In many circumstances, a company can be responsible for harm caused by employees acting within the scope of their employment. This is especially true for workers in managerial positions. The courts hold employers responsible for the costs of doing business, including costs related to employee misconduct and harassment. Plaintiffs don’t have to prove an employer did anything wrong to sue a company—they just have to prove they were victims of an employee’s harassment.
The courts may hold an individual employee responsible for same-sex sexual harassment if he or she was acting outside the scope of employment (after a shift ended or while performing non-work related duties). In this case, the victim still has the right to obtain compensation from the harasser, but the courts would likely not involve the employer or company. If you have questions about who is responsible or your rights and protections as a New York employee, contact a same-sex workplace harassment attorney for a free consultation today.
An Experienced New York City Same-Sex Workplace Harassment Attorney
Same-sex workplace harassment laws can be complex and incorporate different regulations than opposite-sex harassment. If you suffer from same-sex sexual harassment at work, you need a competent New York City same-sex sexual harassment attorney by your side to fight for your rights as an employee. When it comes to skilled representation in a same-sex sexual harassment lawsuit, count on a New York City same-sex workplace harassment attorney at Joseph & Norinsberg LLC. Contact a New York City employment lawyer today for a free consultation about your same-sex harassment 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.
