recovered for our employment law cases
- Workplace sexual harassment is an underreported issue in Queens and beyond, with many workers worrying their job security would be at risk if they speak up.
- Federal, state, and local laws protect all Queens employees from workplace sexual harassment and make employers liable for preventing and addressing it.
- Industries with power imbalances tend to have higher rates of sexual harassment, as well as those with customer-facing roles.
- It is illegal for employers in Queens to retaliate against workers for reporting or speaking up about workplace sexual harassment.
- The trusted Queens workplace sexual harassment attorneys at Joseph & Norinsberg can help you hold your employer accountable and get justice.
Workplace sexual harassment is a relatively common yet underreported problem. Many workers aren’t sure their experiences “qualify” as sexual harassment, and others may be hesitant to speak up over concerns about their job security, language barriers, or fear of retaliation from those involved.
Thankfully, New York law protects all workers in Queens from sexual harassment, regardless of their industry or background. On this page, the experienced Queens workplace sexual harassment lawyers at Joseph & Norinsberg will explain your legal rights as a worker and help you understand your next steps before taking action.
Table of Contents
- Are Employers in Queens Responsible for Preventing Sexual Harassment?
- How Workplace Sexual Harassment Commonly Arises in Queens
- What Legal Protections Apply to Queens Workers Under New York Law?
- Employer Failures That Frequently Lead to Sexual Harassment Claims
- Indicators That Sexual Harassment May Have Violated Your Rights
- What Types of Compensation May Be Available to Queens Workers After Sexual Harassment?
- Does Workplace Sexual Harassment Have to Happen On-Site?
- What Is the Time Limit to File a Sexual Harassment Claim in New York?
- When to Seek Legal Help for Workplace Sexual Harassment in Queens
- How Our Queens Workplace Sexual Harassment Lawyers Can Help
- What Our Workplace Sexual Harassment Clients Are Saying
- Contact Joseph & Norinsberg After Workplace Sexual Harassment in Queens
Are Employers in Queens Responsible for Preventing Sexual Harassment?
Yes, Queens employers are legally responsible for addressing and preventing sexual harassment in their workplaces. Under both the New York State Human Rights Law and the New York City Human Rights Law, employers must have a sexual harassment prevention policy that at least meets state standards, and those with 15 or more employees must provide annual prevention training for all workers.
Even without a formal written complaint, if a Queens employer learns about sexual harassment in the workplace, it must take action. If your company fails to intervene in or investigate workplace sexual harassment or to properly train employees to prevent it, your employer may be liable.
How Workplace Sexual Harassment Commonly Arises in Queens
Workplace sexual harassment can come in many forms, including physical, verbal, visual, and digital behavior. In Queens, harassment tends to be more prevalent in fast-paced, public-facing, or hierarchical fields where workers deal with power imbalances, job security worries, and pressure to accept misconduct by customers.
There are generally two types of harassment: quid pro quo and hostile work environment. Quid pro quo occurs when someone with authority solicits sexual activity with the offer of a job benefit or the threat of adverse action. Meanwhile, a hostile work environment arises when unwelcome conduct of a sexual nature creates an uncomfortable atmosphere.
Some examples of common workplace conduct in Queens that constitute sexual harassment include:
- Inappropriate advances by supervisors in health care, retail, or hospitality jobs
- Companies tolerating offensive language and behavior by customers or vendors
- Threatening vulnerable employees if they reject sexual misconduct
- Sending explicit texts or images through remote work apps or messaging platforms
- Displaying obscene imagery in the workplace
“In the workplace, when it's now your paycheck and your ability to feed your family on the line, and you decide to comply, that's the power Dynamic at play, and that is sexual harassment. So we handle these cases very aggressively.”
What Legal Protections Apply to Queens Workers Under New York Law?
Under Title VII of the Civil Rights Act of 1964, sexual harassment is a form of federally illegal employment discrimination. However, federal protections only apply to companies with 15 or more employees, while New York state and city laws apply to employers of all sizes.
The NYCHRL, commonly used to enforce sexual harassment complaints by Queens workers, protects undocumented and nontraditional employees. Under federal law, sexual harassment creates a hostile work environment when the conduct is “severe or pervasive.” However, state and city laws allow workers to take legal action over a hostile work environment if the harassment is more significant than a “petty slight or trivial inconvenience.”
Employer Failures That Frequently Lead to Sexual Harassment Claims
If a company does its job and responds appropriately to workplace sexual harassment, external action may not be necessary. However, employers facing sexual harassment claims in Queens have unfortunately established a pattern of neglect by tolerating or outright encouraging workplace misconduct.
Examples of employer neglect that can lead to Queens workplace sexual harassment claims include:
- Refusing to appropriately discipline or terminate repeat offenders
- Failing to separate an offending employee from their victim after multiple complaints
- Waiting to investigate harassment reports until the victim makes legal threats
- Siding with customers or third parties who have harassed workers
- Discouraging making complaints by giving victims unfavorable shifts or hours
Indicators That Sexual Harassment May Have Violated Your Rights
Many workers in Queens may unknowingly normalize harassing behavior, even when experiencing it. You may feel unsure whether your experiences are severe enough to report, but your employer’s response to your situation might speak volumes. Your employer might be violating your rights as a worker if they react in any of the following ways to a workplace sexual harassment complaint:
- Telling you harassment, whether by colleagues or customers, is “part of the job”
- Warning you not to “cause problems” by speaking up
- Reducing your hours or switching your assignments after you file a complaint
- Making different excuses or explanations for certain behavior before and after receiving a complaint
What Types of Compensation May Be Available to Queens Workers After Sexual Harassment?
The type and value of your available damages will vary depending on the circumstances of your sexual harassment claims, including how egregious the behavior was, how long it lasted, which enforcement venue is in use, and whether you faced employment-related consequences.
Some damages commonly available for Queens workplace sexual harassment claims include:
- Lost income and benefits, including from reduced hours
- Emotional distress, including depression, anxiety, or other mental health issues
- Medical bills, therapy costs, and other similar expenses related to your harassment
- Statutory penalties
- Attorney’s fees and costs
Does Workplace Sexual Harassment Have to Happen On-Site?
No, workplace sexual harassment is not confined to a traditional office setting. Sexual harassment can occur in off-site, mobile, or even remote work settings. Work-related harassment during transit or off-hours may still be actionable, including behavior at company holiday parties.
What Is the Time Limit to File a Sexual Harassment Claim in New York?
There is a three-year statute of limitations for filing a workplace sexual harassment claim with the New York State Division of Human Rights or the New York City Commission on Human Rights. However, there’s a much shorter deadline for filing a claim with the U.S. Equal Employment Opportunity Commission, which only allows 180 to 300 days.
Regardless of your deadline, waiting too long to take action can leave you with less documentation, weaker evidence, and worse memories for witnesses. It’s important to contact a trusted Queens workplace sexual harassment lawyer as soon as possible.
When to Seek Legal Help for Workplace Sexual Harassment in Queens
It’s never too early to speak with a Queens workplace sexual harassment attorney. However, it’s vital to have experienced legal guidance in certain situations, such as:
- You’re facing ongoing, repeated sexual harassment at work
- Your employer is refusing to take action against the harassment
- Your employer is illegally retaliating against you for reporting harassment
- You were wrongfully terminated or forced to resign after complaining about workplace sexual harassment
- You’re unsure what your next steps are at any point in the process
How Our Queens Workplace Sexual Harassment Lawyers Can Help
With more than 75 years of collective experience advocating for workers’ rights, Joseph & Norinsberg is a trusted industry leader in employment law. We provide representation with compassion, skill, and an exemplary work ethic to deliver results for our clients. Our Queens workplace sexual harassment lawyers have a thorough understanding of New York’s state and city harassment laws and fight relentlessly to get justice for victims.
Our team can help meticulously prepare your case and do the following:
- We’ll evaluate your claim and determine whether your rights were violated.
- We’ll investigate your situation, identify witnesses, and uncover relevant evidence to prove harassment.
- We’ll communicate with your employer and their counsel, helping you file a report with HR and discuss an amicable resolution.
- We’ll file formal complaints with the appropriate administrative agencies.
- We’ll negotiate with your employer or pursue litigation until we resolve your case and get you the outcome you deserve.
I think that the firm also just brings a certain level of passion and intensity, high energy, to all of the cases that we handle, and we fight for our clients really relentlessly to the bitter end until we get what they deserve.
What Our Workplace Sexual Harassment Clients Are Saying
We pride ourselves on providing relentless representation for each client while treating them with compassion and empathy. Here are some reviews and testimonials from those we’ve helped:
Contact Joseph & Norinsberg After Workplace Sexual Harassment in Queens
You have a right to a harassment-free workplace, and our firm is committed to protecting that right. If you’re being sexually harassed at work, our experienced New York employment law attorneys are ready to help hold your employer accountable.
Contact us online or call (212) 227-5700 today for a free, confidential consultation with our trusted legal team.
Bennitta Joseph is a dedicated New York City sexual assault attorney with experience litigating cases involving workplace harassment. She takes on cases with uncompromising dedication, patience, and a relentless desire to achieve justice.
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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.