New York Service Industry Sexual Harassment Lawyer
OVER
recovered for our employment law cases
- Service industry workers tend to experience sexual harassment at a higher rate than in many other fields, even in New York.
- Service workers are often vulnerable to quid pro quo sexual harassment thanks to severe power imbalances between managers and employees.
- To be illegal under federal law, harassment must be “severe and pervasive” enough to create a hostile work environment, but in New York, it only needs to be greater than a “petty slight or trivial inconvenience.”
- Victims can recover monetary damages for lost wages, emotional distress, and more, depending on the circumstances of the harassment.
- A trusted New York service industry sexual harassment attorney with Joseph & Norinsberg can help you hold perpetrators accountable and get justice for your experiences.
The hospitality, retail, and food service industries experience one of the highest rates of sexual harassment, with unbalanced power dynamics, a lack of job security, and exposure to the public contributing to workplaces where abuse often goes unpunished. Even in places like New York, where there are additional legal protections for workers, sexual harassment in the service industry remains a prevalent issue.
Sexual harassment in the workplace can be a frightening, painful experience—but you don’t have to go through it alone. The experienced New York service industry sexual harassment lawyers with Joseph & Norinsberg can help you fight back and get the justice you deserve.
What Is Considered Sexual Harassment in the New York Service Industry?
Sexual harassment is unwelcome sex or gender-based conduct in the workplace. A variety of behaviors can be considered sexual harassment, including unwanted sexual advances, non-consensual touching, offensive comments, requests for sexual favors, obscene gestures, and more.
There are generally two types of sexual harassment: quid pro quo and hostile work environment.
A quid pro quo occurs when someone in a position of power, like a manager or supervisor, offers a job-related benefit or threatens a negative job condition in exchange for sexual favors. A manager in the service industry might promise more favorable hours, a promotion, or other benefits, or threaten to punish the victim if they refuse.
A hostile work environment arises when someone’s discriminatory actions or behavior reach a level that negatively impacts a worker’s job performance, confidence, or overall well-being.
Examples of sexual harassment in the service industry include the following scenarios:
- A hotel employee in New York City is being considered for a managerial position, but is passed up for someone with less experience after she refused sexual advances from the interviewer.
- A restaurant manager in upstate New York repeatedly makes disparaging remarks about a waitress’s appearance, telling her she’s “not attractive enough” to be working there.
- After a hotel staffer declines his boss’s multiple invitations to go on a date, she cuts his hours considerably and begins consistently assigning him graveyard shifts.
- Staff at a NYC restaurant are frequently subjected to lewd comments and behavior from customers. However, because a worker was recently fired after a confrontation, the staff do not feel comfortable reporting the harassment.
Why Is Sexual Harassment So Common in the Service Industry?
Service industry work often involves factors that lead to increased sexual harassment, including the following:
- Power imbalances: Service industry jobs are often low-paying, have irregular hours, and provide minimal security. Managers have a great deal of control over their employees’ work-life balance and finances, which can be a dynamic ripe for abuse.
- Customer-facing roles: Service workers are often encouraged to placate customers in all circumstances, even when facing sexual harassment or abusive conduct. Employees might fear retaliation for standing up for themselves against members of the public.
- Toxic workplace culture: Some workplaces might tacitly encourage sexual harassment by tolerating it, failing to prevent it, or treating employees poorly when they complain.
How Can Our Sexual Harassment Lawyers Help Service Industry Workers?
The trusted employment law team at Joseph & Norinsberg has more than 100 years of combined experience helping workers like you protect their rights, including cases involving sexual harassment in the service industry.
Our skilled attorneys can investigate conditions and management practices at your workplace, helping find and identify patterns that can support your claims. We know how to properly collect evidence and effectively utilize witnesses to build a strong case and get you the results you deserve.
$750, 000
Case Result
Client was sexually harassed by her boss, and physically assaulted when she denied his advances. We were able to secure compensation for several years of lost wages, and emotional distress, and compensation for the physical assault.
$175,000
SETTLEMENT
Client was sexually harassed by her immediate supervisor. We were able to secure the client a substantial severance increase over her initial offer, and did so in only three short months after termination.
$1,350,000
SETTLEMENT
We defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
What Are Examples of Sexual Harassment in the Service Industry?
Sexual harassment in New York’s service industry can take many forms. Some common types include the following:
- Manager-employee harassment, including retaliating against victims for rejecting or reporting inappropriate conduct
- Employee-employee harassment, such as repeated unwanted advances from a coworker
- Physical harassment, including unwelcome touching or grabbing
- Verbal harassment, such as making inappropriate sexual comments toward coworkers
- Nonverbal harassment, such as using obscene gestures or displaying pornography at work
- Same-sex harassment
- Holiday party sexual harassment
If you’re unsure whether your experiences qualify as illegal harassment, our knowledgeable New York service industry sexual harassment lawyers can help determine if you have a valid case through a free consultation.
What Legal Protections Do New York Service Industry Workers Have Against Sexual Harassment?
Title VII of the federal Civil Rights Act of 1964 protects service industry workers from sexual harassment “severe or pervasive” enough to create a hostile work environment. The New York State Human Rights Law and NYC Human Rights Law go further by lowering the bar for sexual harassment to conduct that goes beyond a “petty slight or trivial inconvenience.”
Under federal and state laws, service workers have the right to a safe workplace that is free from discrimination and retaliation for reporting violations. Meanwhile, New York City’s Workers’ Bill of Rights provides the following further protections for service workers:
- Requiring regular weekly scheduling for fast food workers, including extra pay to compensate for changes
- Requiring weekly schedules for retail or utility workers to be provided at least 72 hours in advance
- Security requirements for hotels, including the right to refuse dangerous tasks
What Damages Can You Recover in a Service Industry Sexual Harassment Case?
Victims of sexual harassment in the service industry can often recover monetary damages, in addition to job-related remedies such as reinstatement after a wrongful termination. Examples of potential damages include:
- Lost future earnings
- Back pay for wages lost after being wrongfully terminated
- Pain and suffering for a physical injury resulting from the harassment
- Emotional distress, as well as related medical expenses
Contact Joseph & Norinsberg For Your New York Sexual Harassment Cases
You don’t need to suffer in silence for another day. If you’re experiencing sexual harassment in the service industry, our experienced New York employment law attorneys are ready to fight relentlessly to get you justice.
Contact us online or call 212-227-5700 today for a free consultation.
An extensive track record of success has resulted in Jon becoming one of the top civil rights litigators in New York City. A true trial lawyer, he is not intimidated by the intense challenges complex civil rights and constitutional law cases present.
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.