Workplace Sexual Harassment Lawyer in New York City
If you face unfair and illegal treatment at work, you can get professional legal help from a New York City workplace sexual harassment lawyer at Joseph & Norinsberg. We have over 100 years of collective experience and believe in securing justice for employees.
Our New York City employment lawyers can take charge of your legal situation and offer you the guidance you deserve in this challenging time. Take the first step toward your future by contacting us today.
Reasons to Choose Our Workplace Sexual Harassment Attorneys in New York City
At Joseph & Norinsberg, our team fights for individuals harmed by supervisors, coworkers, or employers who failed to protect them, or worse, punished them for speaking up.
Workplace harassment isn’t just inappropriate; it violates your rights. In New York, the law provides some of the strongest protections in the country for employees who experience unwanted sexual conduct, coercion, intimidation, or abuse of power at work.
We have a reputation for success, recently securing a $2 million settlement for an employee coerced into a sexual relationship by her employer and then mistreated after she tried to end the relationship. You can review our case results to see more examples of our work.
Understanding Sexual Harassment in New York
According to New York laws on sexual harassment policies and procedures, it is unlawful to harass a person who is an applicant or employee because of that person’s sex. Harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
This is not to be confused with sexual assault, which is a criminal offense and refers to a physical threat or action by the abuser.
Understanding The Types Of Workplace Sexual Harassment
Sexual harassment can take many forms, and the associated actions can range from subtle to overt. In some cases, the harassment goes unreported because the victim is afraid to overreact. Although the unwanted behavior makes them uncomfortable, they donโt know if it rises to the level of illegal harassment. If you are unsure whether you are being sexually harassed at work, the information below can help. If you are still unsure, it is never too early to speak with a sexual harassment lawyer.
Notable Workplace Sexual Harassment Statistics
According to data from the Equal Employment Opportunity Commission (EEOC) on sexual harassment in our nationโs workplaces, between 2018 and 2021, women filed 78.2% of the 27,291 sexual harassment charges.
Of the 1,945 sexual harassment charges filed concurrently with a race charge, 71.2% designated Black/African American as the relevant race. A study by the EEOC Select Task Force showed that 60% of women say they experience unwanted sexual attention, sexual coercion, sexually crude conduct, or sexist comments in the workplace.
However, some studies have found that 90% of individuals who experience harassment never take formal action, such as filing a charge or complaint.:
If you have experienced any form of sexual harassment in an NYC workplace, it’s important to speak to our team at Joseph & Norinsberg about your situation as soon as possible.
Understanding the Types of Workplace Sexual Harassment
Harassment can take many forms, and the associated actions can range from subtle to overt. In some cases, the harassment goes unreported because the victim is afraid to overreact. Although the unwanted behavior makes them uncomfortable, they may not know whether it rises to the level of illegal harassment.
Examples of harassment include:
Quid Pro Quo Harassment
When someone believes that their job will be in jeopardy if they don’t submit to unwelcome sexual advances or tolerate unwelcome sexual behaviors or remarks, they may be a victim of quid pro quo sexual harassment.
Hostile Work Environment
A work environment may be deemed hostile when someone’s discriminatory actions or behavior creates an uncomfortable environment for the person being discriminated against. This can occur based on the victim’s race, religion, disability, sex, or their membership in another protected category.
Our team at Joseph & Norinsberg can tell you more about types of harassment.
How To Strengthen Your Sexual Harassment Claim
If you are a victim of workplace sexual harassment, you can take steps to stop the harassment, protect your rights, and support a favorable outcome if you decide to file a complaint with the EEOC or bring a lawsuit.
- Document as much as possible. Gathering evidence and documenting incidents is crucial to proving your harassment case. Keep a logbook detailing every incident, including the date and time it occurred and whether there were any witnesses.
- Tell your harasser that their actions or behavior are unwelcome. Tell the individual that you do not like their comments, touches, stares, sexual advances, or tendency to hover over you. If the behavior stops immediately and never resumes, you may not need to take further action.
- Seek legal counsel. An attorney experienced in workplace sexual harassment claims can review your case thoroughly and advise you on how to proceed. Your New York City sexual harassment lawyer can then help you with all legal matters.
Our team at Joseph & Norinsberg can help, so donโt wait to reach out for dedicated assistance.
Workplace Sexual Harassment Laws in New Yor
Sexual harassment in New York City is a form of sex discrimination that violates federal employment discrimination law, Title VII of the Civil Rights Act of 1964, as well as New York State’s Human Rights Law. If you live in NYC, New York City’s Human Rights Law and the Stop Sexual Harassment in NYC Act also apply.
Title VII applies to employers with 15 or more employees, including state and local governments, employment agencies and labor organizations, and the federal government. New York State’s Human Rights Law and the New York City Human Rights Law prohibit sexual harassment and reach much smaller employers than the Civil Rights Act.
Sexual harassment is considered under the totality of the circumstances when submitting to or rejecting the conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.
How to File a Formal Sexual Harassment Complaint in NYC
Follow your employer’s procedures for reporting workplace sexual harassment in New York City. Most companies’ human resources departments have detailed processes for these situations and can help you.
Speak with the person in charge in your department, and start the paperwork or steps needed to file a formal complaint. Follow the procedure exactly, and document every instance of harassment you’ve suffered so far, including dates, times, what the harasser said or did, and witness information.
File an Administrative Charge
If filing a formal complaint with your company doesn’t end the sexual harassment, file an administrative charge with the EEOC or another appropriate government agency.
The EEOC has a New York City district office open during regular business hours where you can file a charge in person. You can also begin the process through the EEOC Public Portal online or submit a signed letter containing the necessary information.
After you file the necessary forms, the EEOC will try to mediate a voluntary settlement between you and your employer. The EEOC will give you a Notice of Right to Sue if it can’t determine whether your workplace violated the law or if you can’t reach a settlement with EEOC help.
Can You Sue For Sexual Harassment in New York?
Yes, after the EEOC gives you the Right to Sue letter, you can bring a civil lawsuit against your harasser and/or company for damages you suffered due to sexual harassment. Don’t hesitate to contact an attorney before taking this step for legal counsel throughout the process.
If you’ve decided litigation is the best or only way to seek justice for sexual harassment in the workplace, contact Joseph & Norinsberg.
The Time Limit to File a Sexual Harassment Claim in New York
New York has a time limit for filing a sexual harassment charge. You must file the charge with the EEOC within 180 days of the date of the harassment or law violation, but this deadline extends to 300 days if a state or local anti-discrimination law covers your charge.
Damages for a Harassment Claim
The damages available in a workplace sexual harassment case depend on several factors, including how the harassment occurred, how the employer responded, and whether you pursue the claim under New York State law, the New York City Human Rights Law, or both.
An experienced New York City sexual harassment lawyer can help evaluate potential compensation and guide you through the next steps while prioritizing your privacy and well-being.
Talk to Us About Your Harassment Claim in New York City
Contact our team at Joseph & Norinsberg to get professional help from a New York City workplace sexual harassment lawyer. We‘re here to protect your rights and handle your legal concerns. Contact us now so we can provide you with personalized support.
What Our Clients Say
Our clients benefit from our hard work, and it means everything to us when they write to us and tell us how much of a difference we made in their lives. Below are a few examples of the types of client feedback we regularly receive:
Frequently Asked Questions About Workplace Sexual Harassment
What Are Examples of Subtle Sexual Harassment in The Workplace?
Although some types of workplace sexual harassment are blatant, such as groping the breasts or buttocks, most instances of misconduct are more subtle. As long as the action is repetitive, and serious enough to make the victim uncomfortable, it likely constitutes sexual harassment. Some common examples of subtle sexual harassment include:
- Discussing topics of a sexual nature in front of the victim;
- Repeated comments about the victimโs appearance or attractiveness;
- Circulating or displaying nude or sexually suggestive images;
- Making sexual jokes in ear shot of the victim;
- Spreading rumors of a sexual nature about the victim; and
- Repeated instances of unwanted touching, including hugging, and touching the victimโs shoulder or back.
Am I Being Sexually Harassed at Work?
Sexual harassment includes unwanted touching, unwelcome advances and comments of a sexual nature, as well as requests for sexual favors. But it also includes many less obvious behaviors, some of which donโt even have to be sexual in nature. For example, even making an offensive comment about a personโs gender can be a form of sexual harassment.
The key is that for unwelcome actions and remarks to be considered unlawful, they must be frequent and severe enough to create a hostile work environment. If a โreasonable personโ would consider the behavior to be unwelcome and sexual, or related to the victimโs sex, it may be sexual harassment. In making a claim, it is important to be aware of what constitutes sexual harassment. An experienced NYC sexual harassment lawyer can evaluate your case and help you determine how to proceed.
Is Sleeping With Your Boss To Keep Your Job Sexual Harassment?
When an imbalance of power is involved in a workplace sexual relationship, the question of whether or not the relationship is considered โwelcomeโ by both parties must be answered. Even if there is no explicit threat, such as โsleep with me or youโll lose your job,โ courts may rule that sex was non-consensual when it is believed that the victim felt they had no choice in the matter. In addition to explicit and implied threats, bribery is a common power play involved in workplace sexual harassment. If a supervisor says something like, โIโll forgive your poor performance this month if you go out with me,โ this constitutes sexual harassment in the form of a bribe.
Bennitta L. Joseph is one of New York Cityโs leading employment trial attorneys, with more than 25 years of experience fighting for workers in high-stakes workplace disputes. Bennitta is known for taking on powerful corporations, institutions, executives, and public figures in cases involving discrimination, harassment, retaliation, wrongful termination, wage disputes, and executive compensation.
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Sexual harassment and retaliation case involving coercion, workplace retaliation, and loss of compensation at a professional practice.
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.