NYC Sexual Harassment Lawyer
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recovered for our employment law cases
Reporting workplace sexual harassment to the proper authorities can be one of the hardest steps to take, but it’s also the most important. A 2016 study by the EEPC Select Task Force showed that 60 percent of women say they experience “unwanted sexual attention, sexual coercion, sexually crude conduct, or sexist comments” in the workplace. However, 90 percent of employees who experience harassment never file a formal complaint, and 75 percent never complain to their employers.
If you have experienced any form of sexual harassment in an NYC workplace, speak to a New York City or Long Island sexual harassment lawyer about your situation as soon as possible.
Many employees are too afraid to speak out against sexual harassment, file a complaint with human resources, or contact an attorney to file a sexual harassment claim in New York City or Long Island. Employees fear retaliation, including being fired or demoted, because they report the problem. Fortunately, Title VII of the Civil Rights Act makes retaliation against employees who report sexual harassment or discrimination illegal. While understanding the laws may be complicated, a sexual harassment lawyer in New York City knows the gritty details and can help in the case of harassment in the office.
Table of Contents
- Why Choose Joseph & Norinsberg for Your Sexual Harassment Case?
- What Is the Time Limit for Filing a Sexual Harassment Claim?
- How Much Compensation Can I Receive for My Sexual Harassment Case?
- Qualities To Look for in a NYC Sexual Harassment Lawyer
- What To Do if You’ve Been Sexually Harassed at Work in NY
- What Are the Different Forms of Workplace Sexual Harassment?
- Steps Involved in a Sexual Harassment Case in New York
- What Are the Sexual Harassment Laws in New York?
- Frequently Asked Questions
- Get Started With Your NYC Sexual Harassment Claim Today
Why Choose Joseph & Norinsberg for Your Sexual Harassment Case?
Joseph & Norinsberg is a well-established employment law firm with over 75 years of combined experience serving our clients. We’re known for our dedication to obtaining justice for victims of sexual harassment, and we’ve obtained millions of dollars in settlements and verdicts on their behalf.
A few recent sexual harassment cases we handled include the following:
- We represented a client whose boss sexually harassed her and then assaulted her after she denied his advances. We secured a confidential settlement for several years of lost wages, emotional distress, and compensation for the physical assault.
- We represented a client who was sexually harassed by her immediate supervisor. Other employees witnessed the harassment. Afterward, her employer terminated her under the guise of a “layoff.” Just three short months after termination, we secured the client a substantial severance increase over her initial offer.
- Partner Jon Norinsberg is representing former dancers in a lawsuit against a gentleman’s club. Our clients alleged forced prostitution, sexual harassment, and sex trafficking.
Every client who walks through our doors receives our complete attention, and we’ll fight passionately and aggressively to protect your rights. No matter how big or small your case is, we treat every client equally and compassionately. Our staff of attorneys and paralegals is ready to support you throughout the lawsuit process, both in and outside the courtroom.
Our lawyers have won recognition as the “Best Litigation Attorneys in NYC” from Expertise.com. Our attorneys have also been recognized as Super Lawyers, Multi-Million Dollar Advocates, and Rising Super Stars. In addition, the cases we handle often make headlines.
We are proud of our five-star Google rating, not because of the number but because of the satisfied clients it represents. We treat all our clients like family—they regularly stay in touch with us long after their cases are resolved. We frequently receive unsolicited client testimonials such as the following:
What Is the Time Limit for Filing a Sexual Harassment Claim?
If you experience workplace sexual harassment, you must file the charge with the EEOC within 180 days of the latest violation. However, the deadline is 300 days if your case falls under a state or local anti-discrimination law.
New York State has a three-year statute of limitations on employment sexual harassment claims. That means you have three years from the date of experiencing workplace sexual harassment to file a lawsuit. If you don’t act before the statute of limitations expires, your case will likely be time-barred, making it impossible to collect damages.
It’s vital to speak with an attorney as soon as possible following a sexual harassment incident. That way, you can learn your legal options. It also gives your legal team the best chance of recovering evidence to prove your claim.
How Much Compensation Can I Receive for My Sexual Harassment Case?
It depends on the extent of your losses and the severity of the harassment. It’s possible to recover compensation for all of the following:
- Lost wages
- Lost earning capacity if you’re unable to work due to the harassment you experienced
- Cost of lost benefits, including medical insurance, vacation time, and retirement plans
- Reimbursement for job search expenses
- Mental anguish and emotional distress
- Reimbursement for therapy or counseling
- Remuneration for attorney fees and other legal costs
In extreme cases, a court may award punitive damages, which punish the perpetrator for their actions and deter others from acting similarly.
A sexual harassment attorney in New York will review your claim and determine how much compensation you may be eligible for. As seasoned employment attorneys, we know how to advocate for fair compensation for our clients to maximize your chances of a favorable outcome.
Qualities To Look for in a NYC Sexual Harassment Lawyer
There are several sexual harassment law firms. Choose one that best meets your needs. When searching for a New York City lawyer for workplace harassment, consider these qualities.
Experience
A skilled employment lawyer has significant experience handling sexual harassment cases in and outside the NYC courtroom. Ensure your lawyer has practical experience with workplace sexual harassment cases and can show you evidence of prior satisfactory results. Ideally, their expertise will align closely with your case circumstances.
Knowledge of Employment Laws
Every state and city has its own employment laws, and New York City is no different. Finding a lawyer who understands federal employment laws and New York state and city legislation is vital. Our intricate knowledge of local regulations will expedite filing and ensure we gather appropriate evidence to support your claim.
Track Record of Successful Results
Finding a sexual harassment lawsuit lawyer in NYC with a history of filing successful claims is essential. You want an attorney who can demonstrate favorable results in similar cases. Before hiring a lawyer, ask them about their case history and what outcomes they achieved.
Compassionate and Supportive
Experiencing sexual harassment is emotionally exhausting, especially if it occurs in the workplace. You may feel uncomfortable talking about what’s happened, so you’ll want to find an attorney you can confide in. That person should offer a safe space so you feel supported.
What To Do if You've Been Sexually Harassed at Work in NY
If you are a victim of workplace sexual harassment, you can take steps to end the harassment, protect your rights, and pursue a claim.
1. Document as Much as Possible
Keep a log book detailing every incident, including the date and time it occurred and if there were any witnesses. Keeping the log book in your car, at home, or anywhere outside the workplace is a good idea. In addition to substantiating your claim and preserving memories, keeping a log book will help to create an accurate timeline of the events. Necessary details may include:
- Specific details of each event, including photos or images, inappropriate jokes or sexual comments, and threats of adverse employment actions
- Copies of emails, notes, voicemails, memos, and any other relevant communications
- Names and titles of those involved, including the harasser and any potential witnesses
- Date, time, and location of the event
- Details about how you handled the situation, including whether you confronted your harasser or told anyone else what happened
2. Communicate to Your Harasser That Their Actions or Behaviors Are Unwelcome
Although no supervisor or co-worker should have to be told that sexual harassment is unacceptable and illegal, such misconduct still occurs with shocking frequency. Unless you are uncomfortable doing so, 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, no further action may be needed. However, if the unwanted actions continue despite your request, you may need to speak with human resources, file a complaint with the EEOC, or contact a sexual harassment lawyer in New York City.
3. Seek Legal Counsel
An attorney experienced in workplace sexual harassment claims can thoroughly review your case to determine how to proceed. Your sexual harassment lawyer can then help you gather evidence to substantiate your claim, file a claim with the EEOC, and, if necessary, bring a lawsuit against the responsible party or parties. With legal representation, you can protect yourself against employer retaliation and obtain the compensation you deserve for any damages suffered.
What Are the Different Forms 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 don’t know if it constitutes illegal harassment.
If you are unsure whether you have experienced sexual harassment at work, the information below can help. If you are still unsure, it is never too early to speak with a sexual harassment lawyer in New York City.
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.
If, for example, Brenda’s supervisor promises to promote her if she goes away with him for the weekend or threatens to fire her if she doesn’t tolerate his groping, it qualifies as quid pro quo harassment. When job security or other enticements are tied to sexual advances, this is workplace 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 experiencing discrimination. This can occur based on the victim’s race, religion, disability, sex, or some other protected characteristic.
When sex-based discrimination negatively impacts a worker’s job performance, confidence, or overall well-being, this may be indicative of a hostile work environment resulting from sexual harassment. Although isolated incidents generally are not enough to constitute a hostile work environment, offensive conduct that is severe and pervasive is. An NYC hostile work environment lawyer can help.
Coercion
Sexual coercion occurs when someone uses manipulation or threats to get you to engage in some form of sexual behavior. Typically, it stays within the confines of verbal and emotional pressure but may escalate into physical violence or aggression if you don’t give in.
For example, assume your co-worker asks you to get a drink after work, and you agree. Afterward, they try to persuade you to come to their apartment for more drinks and sex. They tell you if you don’t come over, they’ll tell HR that you broke into their vehicle and stole their wallet—which you didn’t do. That’s sexual coercion. You might be able to pursue an employee-employee harassment claim.
Steps Involved in a Sexual Harassment Case in New York
Filing a sexual harassment claim in New York City typically follows a step-by-step process. Here’s what you can expect.
1. Initial Consultation and Case Evaluation
Many sexual harassment victims are unsure whether they have a case. To learn your options, schedule a consultation and case evaluation with a qualified NYC sexual harassment attorney. Your lawyer will review the circumstances of your claim and explain your legal options.
2. Investigation and Evidence Gathering
Your attorney will investigate your claim and build your case. They’ll review any evidence you provide and gather additional proof from your employer and any witnesses.
3. File a Complaint
After assembling all evidence, your attorney will start by filing an administrative charge with the EEOC. You can also file a complaint with the New York State Division of Human Rights or the New York City Commission on Human Rights. Your attorney will determine the best jurisdiction in which to pursue your claim.
A charge with the EEOC can be filed in person, by mail, or through the agency’s online portal. Once the EEOC receives the complaint, it will attempt to negotiate a settlement between you and your employer. If this fails, the EEOC will initiate an investigation, which usually includes interviewing those involved. If the EEOC cannot determine whether a violation occurred or cannot reach an acceptable settlement, it will provide you with a Notice of Right to Sue.
Once you receive a Right to Sue letter from the EEOC, your attorney can file a civil lawsuit against the harasser and your employer to recover damages.
4. Negotiation and Settlement Discussions
Most employment sexual harassment lawsuits never actually go to court. Instead, the defendant’s legal representatives meet with your attorney to discuss a settlement. If you agree to a settlement offer, you’ll receive compensation for the sexual harassment you experienced.
5. Litigation and Trial Proceedings
Occasionally, the defendant may be unwilling to offer a fair settlement. Your attorney will allow your claim to proceed to trial in that case. If your case is successful, a judge or jury will award you compensation for your losses.
What Are the Sexual Harassment Laws in New York?
Sexual harassment in New York City or Long Island 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 and New York City’s Human Rights Law. 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 New York City’s or Long Island’s Human Rights Law prohibit sexual harassment and reach much smaller employers than the Civil Rights Act.
Sexual harassment will be considered under the totality of the circumstances 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, or it creates an intimidating, hostile, or offensive work environment. If any of the above occurs, the victim must inform the harasser directly that the conduct is unwelcome and must stop. Also, the victim should use any employer complaint mechanism or grievance system available. If you are experiencing sexual harassment at your workplace and need legal support, contact a New York City or Long Island sexual harassment lawyer today.
Frequently Asked Questions
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 severe 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 victim’s appearance or attractiveness;
- Circulating or displaying nude or sexually suggestive images;
- Making sexual jokes in earshot of the victim;
- Spreading rumors of a sexual nature about the victim and
- Repeated instances of unwanted touching, including hugging and touching the victim’s 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 don’t even have to be sexual. For example, even making an offensive comment about a person’s gender can be a form of sexual harassment.
For unwelcome actions and remarks to be considered unlawful, they must be frequent and severe enough to create a hostile work environment. If a reasonable person would consider the behavior unwelcome and sexual or related to the victim’s sex, it may be sexual harassment, which can also include same-sex 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 presented is whether both parties welcomed the relationship. Even if there is no explicit threat, such as “sleep with me or you’ll lose your job,” courts may rule that sex was non-consensual when the victim felt they had no choice.
In addition to explicit and implied threats, bribery is a common power play involved in workplace sexual harassment. If a supervisor says something like, “I’ll forgive your poor performance this month if you go out with me,” this constitutes sexual harassment in the form of a bribe.
Can I Be Retaliated Against for Filing a Sexual Harassment Claim?
Your manager, supervisor, colleague, or employer may retaliate against you for filing a sexual harassment claim. However, if they do so, they are further breaking the law. EEO laws strictly prohibit employers from retaliating against employees who file a sexual harassment claim. Similarly, New York protects employees from retaliatory actions brought by their employers.
If you believe your employer or an individual is retaliating against you, notify your attorney and explain the situation. Some examples of retaliatory activities include dismissing you from your job, reducing your work hours, or cutting your pay. Your attorney may combine a retaliation suit with a manager-employee harassment claim.
Can I File a Sexual Harassment Claim Against a Non-Employee of the Company?
Yes, you can. While sexual harassment claims against non-employees are less common, you may have grounds for a lawsuit if it involves a client, customer, or someone else connected to your employer. A New York City sexual harassment attorney can evaluate your case’s circumstances and determine who to hold responsible.
Get Started With Your NYC Sexual Harassment Claim Today
Experiencing sexual harassment in the workplace can adversely impact victims, resulting in significant emotional distress. Sometimes, it can affect your ability to earn a living or further your career. It’s imperative to recognize sexual harassment when it happens and take action early to protect your rights.
At Joseph & Norinsberg LLC, we offer legal help for sexual harassment in NYC. An NYC attorney for sexual harassment cases can review your circumstances and explain your legal options.
If you are a victim of sexual harassment, contact us for a free consultation by calling (212) 227-5700 or completing our online intake form. We will evaluate your claim and help you get justice against employers who violate your rights.
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.