Enduring workplace harassment or a toxic work environment can be taxing and stressful, but taking action and reporting harassment at work can seem daunting and complicated. The process of filing a complaint and the possibility of retaliation for speaking up might convince you to keep your head down and power through. However, workplace harassment is illegal, and workers have legal protection against retaliation for reporting abuse. You don’t need to suffer in silence.
The experienced employment lawyers at Joseph & Norinsberg can help you properly report harassment and hold your employer accountable. Contact us online or call 212-227-5700 today for a free consultation.
Steps to Reporting Harassment At Work
The first step in reporting workplace harassment is gathering evidence. Take notes thoroughly documenting any incidents you experience, ask nearby coworkers to give witness statements, and preserve any relevant workplace communications.
Once you’ve built a solid foundation for your case, report the conduct to your company’s human resources department. If your employer doesn’t address or can’t solve the problem internally, going to HR should at least create a paper trail that can serve as evidence later.
Next, you can file a report with government agencies like the New York State Division of Human Rights, the New York City Commission on Human Rights, and the federal Equal Employment Opportunity Commission. However, if you’re concerned that going to HR will lead to retaliation, you can go straight to the NYS DHR.
How Long Do You Have to Report Harassment at Work?
Thanks to a new state law signed earlier this year, the statute of limitations in New York for all discrimination and harassment claims with the NYS DHR is three years. New York City residents have the same three years to file a gender-based harassment claim with the NYC Commission on Human Rights and one year to file other discrimination claims.
However, depending on the nature of your claims, you will only have between 180 and 300 days to file with the EEOC. An employment law attorney can help you review your legal options and take the right action within the proper time frame.
What is Considered Harassment in the Workplace?
Any type of unwanted or offensive behavior based on a protected characteristic like race, sex, or disability—including crude jokes, insensitive comments, or unwelcome sexual advances—can amount to workplace harassment.
While the federal EEOC and other jurisdictions require either egregious actions or a pattern of behavior over time, harassment doesn’t have to be “severe or pervasive” for the NYS DHR to consider it illegal.
Legal Rights and Protections Against Harassment
Federal laws, such as Title VII of the Civil Rights Act of 1964, protect workers nationwide from discrimination and harassment based on protected characteristics. Additional laws have provided protections for discrimination based on age for those 40 and older, disability status, pregnancy status, and pay based on sex for the same work.
The New York state and city Human Rights Laws provide even greater protection for workers. Title VII only applies to employers with 15 or more employees, but New York laws cover those with four or more workers and apply to all employers for sexual harassment claims. They also explicitly extend protection to more characteristics, including gender identity, marital status, and more.
What to Do if You Face Retaliation After Reporting Harassment
Under federal and state law, retaliating against an employee for reporting harassment at work, either internally or externally, is illegal. However, some employers still take adverse actions against workers for filing complaints, including wrongful termination, demotion, cutting hours, freezing out of employment opportunities, or creating a hostile work environment.
If you have experienced retaliation after reporting harassment at work, our employment law attorneys can help you file complaints with state and federal agencies and pursue additional legal action against your employer.
How Can an Employment Lawyer Help?
A skilled employment lawyer can walk you through every step of reporting harassment at work, including filing complaints with government agencies and pursuing legal claims against your employer.
Seeking capable legal counsel is critical for understanding your options and taking advantage of the legal protections available after you’ve experienced harassment at work. Our knowledgeable employment law attorneys have more than 75 years of collective experience and a long track record of getting significant case results for workers like you.
Here is a notable result we’ve recently obtained for a client:
Our team won $125,000 for a client who was sexually harassed by her supervisor in front of her co-workers and then terminated under the pretense of layoffs. Just three months after her firing, we secured a substantial increase in severance pay for her.
Contact Joseph & Norinsberg For Your Employment Law Cases
Don’t suffer in silence for another day. If you’ve been harassed at work or subjected to retaliation for reporting harassment, our tenacious employment lawyers will relentlessly pursue justice on your behalf. We won’t stop pursuing justice until your employer is held accountable and you receive the compensation you deserve.
Call us today at 212-227-5700 to schedule a free consultation.
