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recovered for our employment law cases
Sexual harassment can come in many shapes and sizes and may not always look the way you expect it to look. While many instances of sexual harassment come in the form of unwanted physical touching or assault, others are less obvious yet still damaging. Obscene gestures, leering, and suggestive actions are all forms of assault. All are subject to legal repercussions if the victim takes the harasser to court. If you have witnessed an offensive sexual gesture, it is important to consult with a New York City obscene gesture lawyer about your legal options.
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Table of Contents
- Why Choose Joseph & Norinsberg LLC for Your Workplace Harassment Claim?
- What Are Obscene Gestures?
- What Are My Rights Against Obscene Gestures as an Employee?
- What Are the Boundaries With Obscene Gestures at Work?
- Why You Need an NYC Obscene Gestures Lawyer
- New York Obscene Gesture Laws
- Stand Up Against Obscene Gestures in NYC’s Workplaces
Why Choose Joseph & Norinsberg LLC for Your Workplace Harassment Claim?
When you have been subjected to workplace harassment in New York City, choosing the right legal representation is crucial. We have the knowledge, experience, and award-winning leadership you need.
Proven Experience in New York City Employee Rights
Joseph & Norinsberg LLC is an employment law powerhouse. Our knowledgeable team has over 75 years of collective experience fighting for workers’ rights in New York City. Our firm’s impressive 90 percent success rate in handling workplace harassment cases is a testament to our deep understanding of employment law and relentless advocacy for our clients. We aim to provide each client with informed and impactful legal representation.
Comprehensive Case Evaluation and Aggressive Representation
Our approach to each case is thorough and personalized. Our sexual harassment lawyers will work to thoroughly evaluate the details of your claim, investigate, and build a strong case for you.
We handle all types of harassment cases, including those involving the following:
- Obscene gestures
- Same-sex harassment
- Hostile work environment
- Verbal abuse at work
We will meticulously evaluate the details of your claim from various angles. Our comprehensive approach helps us aggressively fight for the compensation and justice you deserve. We are committed to providing a tailored strategy to tackle the unique aspects of each case and support our clients’ needs from negotiation to litigation.
Five-Star Google Rating
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, and they regularly stay in touch with us long after their cases are resolved. We regularly receive unsolicited client testimonials such as the following:
Award-Winning Leadership and Dedication
At Joseph & Norinsberg LLC, our leadership truly sets our firm apart. Founders Bennitta Joseph and Jon Norinsberg bring their tireless dedication and impressive legal experience to the table. Bennitta has a background as a prosecutor, and Jon has a significant track record in civil rights litigation. Their career-long passion for justice and advocacy for the underdog drives our firm.
We were recently recognized as “Best Litigation Attorneys in NYC” by expertise.com, reflecting our unwavering commitment and exceptional skill in legal practice. Our reputation for a relentless work ethic, exceptional trial skills, and empathy for every client have garnered significant media attention throughout New York.
Case Result: Joseph & Norinsberg attorney John Meehan secured a substantial settlement for a client whose boss sexually harassed her and then physically assaulted her after she denied his advances. We were able to secure a confidential settlement amount compensating her for several years of lost wages, emotional distress, and the assault.
What Are Obscene Gestures?
Understanding what constitutes an obscene gesture under New York laws is critical in identifying and addressing this form of workplace harassment. Obscene gestures encompass a range of actions considered legally offensive and unacceptable in a professional environment.
Qualifying Obscene Gestures Under New York Laws
Obscene gestures in New York are sometimes referred to as visual sexual harassment. They are defined by actions that are sexually explicit or offensive to the extent that they breach the standards of decency expected in public and workplace settings. These gestures can include lewd hand signals, inappropriate physical demonstrations, or other non-verbal cues that convey obscene messages.
Free Speech vs. Offensive/Obscene Conduct
There is a fine line between free speech and obscene conduct under New York law. Free speech, protected under the First Amendment, allows people to express their opinions, even if they are unpopular or distasteful. However, this right has boundaries, especially when speech crosses into offensive or obscene territories.
Obscene conduct is deemed harmful and not essential to the expression of ideas. New York law specifically targets obscene gestures that disrupt the workplace environment, infringe on the rights of others, and violate the community’s standards of decency.
The legal framework in New York considers gestures obscene when they are patently offensive, appeal to the prurient interest in sex, and lack serious literary, artistic, political, or scientific value, as laid out in the so-called Miller test.
While free speech is a valued right, it does not shield individuals from the consequences of obscene gestures that offend, harass, or degrade others, particularly in a professional setting. Recognizing and addressing these actions is vital in maintaining a respectful and legally compliant workplace. An obscene gestures attorney in NYC can guide you through the legal process.
What Are My Rights Against Obscene Gestures as an Employee?
You have the right to a safe, harassment-free work environment in New York City, and no one should put up with sexual harassment, regardless of how “minor” the incident may seem. An obscene gestures lawyer knows small incidents can build up and create an uncomfortable environment or situation, making it difficult to excel at work or feel safe. Obscene hand gestures can make someone feel as equally uncomfortable as a rude verbal remark. Don’t assume it’s not harassment just because no one touched you or verbally expressed discrimination. Always speak up about obscene gestures in the workplace.
Title VII of the Civil Rights Act is the main federal law against workplace discrimination. Title VII makes any form of harassment or discrimination in the workplace illegal and allows victims to speak out against harassers in court. In addition to federal anti-discrimination laws, victims of sexual harassment in New York also enjoy protection from the NYC Human Rights Law. This law gives employees additional protection through a commission that can investigate workplace harassment cases on its own.
What Are the Boundaries With Obscene Gestures at Work?
Employee-employee camaraderie and playful joking won’t reach the level of illegal harassment in New York City. However, if the actions cross the line and make you feel uncomfortable, then it’s harassment. The Equal Employment Opportunity Commission defines harassment as any type of conduct that makes the workplace feel intimidating or abusive. If someone’s obscene gestures at work offend you, there are laws you can use to protect your rights, and a New York City sexual harassment lawyer can assist you through the entire process.
To understand when an obscene gesture is harassment, ask yourself how it made you feel. An obscene gesture is harassment if it’s a form of discrimination based on race, age, disability, gender, sexual orientation, or marital status. For example, if an incident between two other people at work made you feel like you were in a hostile environment, you’ve also suffered harassment. Such harassment can include the following:
- Hand gestures that simulate sexual acts
- Obscene gestures using the mouth, lips, or tongue
- Simulating touching or grabbing
- Using the middle finger in an offensive or threatening way
- Body language used to impede or block the way
- Leering, staring, and suggestive facial expressions
Obscene gesture harassment may be part of an ongoing pattern of rude, offensive, or discriminatory behavior, or it can be an isolated event. If a manager makes a lewd gesture suggesting a sexual interest in an employee, for example, this is manager-employee harassment in New York City. If an employee makes offensive body movements at a co-worker, this is harassment. Someone can harass another person in private or in front of co-workers. Harassment can happen to anybody in the workplace and is a serious offense with legal.
Why You Need an NYC Obscene Gestures Lawyer
If you’ve been subjected to obscene gestures in New York City, hiring a skilled and experienced lawyer is critical. A seasoned attorney can determine whether you have a case, investigate, build a case, and pursue justice for you.
Navigating the Legal System
Obscene gesture cases are complex, often involving employment law, civil rights, and personal privacy issues. An experienced NYC lawyer with experience in obscene gesture cases will understand the nuances. They can adeptly handle the details of your case, from gathering evidence and obtaining witness statements to interpreting and applying the relevant laws. Their experience is critical in building a strong case against the perpetrator and navigating the often challenging legal pathways to seek redress.
Importance of Qualified and Experienced Representation
The right lawyer possesses a deep understanding of harassment law and procedure. They also have the litigation skills necessary to advocate effectively on your behalf. Their experience in similar cases gives them the insights and strategies necessary to refute the perpetrator’s defenses and the most compelling case.
Our Clients Have Given Us a Five-Star Rating
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:
New York Obscene Gesture Laws
New York law treats obscene gestures with the seriousness they deserve, recognizing their impact on individuals and the workplace environment. Obscene gestures, as legally defined, involve actions or displays that are lewd, indecent, or sexually explicit and that go beyond the bounds of acceptable public behavior.
Legal Framework in NYC
In New York, obscene gestures are considered under the umbrella of sexual harassment and can form the basis for a hostile work environment claim. The New York State Human Rights Law, or NYSHRL, and the New York City Human Rights Law, or NYCHRL, protect against sexual harassment, which includes obscene gestures. These laws mandate that employers in New York create a work environment free from sexual harassment and other forms of discrimination.
These statutes recognize that obscene gestures can disrupt the workplace and infringe upon employees’ rights. For conduct to be legally considered obscene, you must show that the gestures were unwelcome, offensive, and sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.
Stand Up Against Obscene Gestures in NYC's Workplaces
Obscene gestures can constitute illegal sexual harassment. You don’t have to suffer in silence if you’ve been subjected to them. You have the right to end the harassment and seek compensation for any harm you’ve suffered.
Our skilled obscene gestures lawyers will stand by you throughout the legal process and relentlessly advocate for your interests.
No employer, regardless of how powerful, can take away your fundamental right to work in an environment free of illegal harassment. If you are experiencing harassment in the workplace, the skilled legal team at Joseph & Norinsberg LLC can help.
Call us today at 212-227-5700 or contact us online for a free consultation.
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.
