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Inappropriate sexual comments in the workplace are a form of sexual harassment that can create a hostile work environment and have a devastating impact on victims. These comments can include lewd jokes, sexual innuendos, derogatory language, and unwanted remarks about a person’s appearance or sexuality. Despite efforts to combat sexual harassment in New York, it remains a pervasive problem that affects workers across all industries and demographics.
If you have been the victim of inappropriate sexual comments at work, it is important to know that you have legal rights and options. At Joseph & Norinsberg LLC, our highly skilled team of sexual harassment attorneys has successfully represented countless employees in cases involving everything from sexual comments and advances to unwanted touching and sexual assault.
Table of Contents
- Why Choose Joseph & Norinsberg LLC for Your Inappropriate Sexual Comments Case?
- What Are Inappropriate Sexual Comments in the New York Workplace?
- Are Sexual Comments at Work a Form of Sexual Harassment?
- What To Do if You Are Receiving Inappropriate Sexual Remarks at Work in NYC
- Legal Protections Against Sexual Comments and Recourse for Victims in New York
- Frequently Asked Questions
- Contact an NYC Sexual Comments Attorney Today
Why Choose Joseph & Norinsberg LLC for Your Inappropriate Sexual Comments Case?
At Joseph & Norinsberg LLC, our team of experienced attorneys and paralegals is dedicated to fighting passionately and aggressively for every client who walks through our doors, no matter who the client is or what the size of their case may be. We understand the devastating impact that inappropriate sexual comments can have on a person’s life, and we are committed to supporting our clients both inside and outside the courtroom.
Our highly skilled, tenacious employment lawyers have over 75 years of collective experience fighting for workers’ rights. We strive to serve each client with a relentless work ethic, exceptional trial skills, and empathy. Our firm knows that relentless and time-consuming preparation outside court—not courtroom showmanship—wins cases.
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 end. Our clients often provide unsolicited testimonials such as the following:
Our founders, Bennitta Joseph and Jon Norinsberg, bring a wealth of experience to the firm. Bennitta previously worked as a prosecutor in the New York District Attorney’s office. Meanwhile, Jon became passionate about fighting for plaintiffs’ rights while working for the New York City Law Department. He has become one of New York City’s leading civil rights litigators, and the New York Law Journal has even featured him on its front page. The firm was also recently named “Best Litigation Attorneys in NYC” by expertise.com.
Case Result: Joseph & Norinsberg represented a client whose boss sexually harassed her and then physically assaulted her after she denied his advances. We secured a confidential settlement of 1.3 million for several years of lost wages, emotional distress, and compensation for the physical assault.
What Are Inappropriate Sexual Comments in the New York Workplace?
Inappropriate sexual comments in the workplace can take many forms, but they all can contribute to a hostile work environment with a devastating impact on victims. Any unwelcome and repetitive comments of a sexual nature can be deemed sexual harassment.
What Kinds of Comments Could Constitute Sexual Harassment?
Common examples of inappropriate sexual comments can include the following:
- Lewd jokes
- Sexual teasing
- Explicitly sexual stories
- Sexual innuendo
- Sexual advances
- Unwelcome sexual jokes
- Sexually derogatory language
- Suggestive emails and memos
- Catcalling, whistling, and suggestive noises
- Suggestive language to describe body parts or sex
- Rumors about someone else’s sexuality or sex life
- Sexual remarks about a person’s body, appearance, or manner of dress
The consequences of inappropriate sexual comments can be severe for both the victim and the perpetrator. Victims may experience emotional distress, anxiety, depression, and even post-traumatic stress disorder. They may also suffer from a loss of productivity, missed work, and even job loss.
Meanwhile, perpetrators may face disciplinary action, termination, and even legal consequences for subjecting someone to inappropriate sexual comments. Employers who learn of the conduct must take action to address it. Enabling or failing to address such misconduct could expose an employer to liability.
Are Sexual Comments at Work a Form of Sexual Harassment?
Inappropriate sexual comments at work can be a form of sexual harassment. Title VII of the 1964 Civil Rights Act and the New York State Human Rights Law prohibit unwelcome sexual comments or sexual jokes that contribute to a hostile work environment.
At the federal level, for comments to constitute sexual harassment, the conduct must be “severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.” Isolated comments are unlikely to result in legal ramifications. However, continuing unwanted behavior that would be offensive or otherwise hostile to reasonable people likely creates a hostile work environment, warranting a sexual harassment claim.
At the state and city level in New York, victims of sexual comments and lewd remarks can file hostile work environment claims if they receive less favorable treatment based on their gender or sexual identity. Thus, even if the conduct is not severe or pervasive, a worker may be able to establish a sexual harassment claim if they receive less favorable treatment based on their gender or sexual identity.
What To Do if You Are Receiving Inappropriate Sexual Remarks at Work in NYC
If you have been the victim of workplace sexual harassment comments in New York City, you do not need to suffer in silence. The sooner you begin documenting the behavior and consult with an NYC sexual comments attorney, the better.
At Joseph & Norinsberg LLC, our experienced sexual harassment team will thoroughly investigate your situation to determine if you have a valid case. If we decide to move forward, your attorney will help you gather evidence to substantiate your claim, protect you from employer retaliation, and help you obtain the compensation you deserve. And remember, it is never too early to speak with an NYC sexual comments lawyer.
Depending on the severity of the situation, we may advise you to first speak with your supervisor or human resources department and follow your company’s policy for reporting sexual harassment. If your employer is unwilling or unable to resolve the situation, filing a formal complaint, known as an administrative charge, with the EEOC may be necessary. If the EEOC gives the green light to file a lawsuit, your NYC sexual comments attorney will fight tirelessly to get you the justice and compensation you need to heal and get on with your life.
Legal Protections Against Sexual Comments and Recourse for Victims in New York
New York state and city laws prohibit sexual harassment, including inappropriate sexual comments, in the workplace. The New York State Human Rights Law and the New York City Human Rights Law protect against sexual harassment for employees, interns, and non-employees who work in a company’s workplace, such as contractors or vendors.
New York employers have a legal obligation to address and prevent sexual harassment in the workplace. They must implement anti-harassment policies, train employees, and promptly investigate and address any complaints of sexual harassment.
Victims of sexual comments in New York have several options for reporting harassment and seeking redress. They can report the harassment to their employer, file a complaint with the New York State Division of Human Rights or the New York City Commission on Human Rights, or file a claim with the federal EEOC. You may also be eligible to file a lawsuit.
Frequently Asked Questions
Does It Matter if the Inappropriate Sexual Comments Are Coming From My Boss or Coworker?
Although the person making sexual comments can be a supervisor, non-employee, or co-worker, the harasser’s role at the company definitely impacts the outcome of a sexual harassment case. If your harasser is your supervisor, the company is legally liable for any tangible employment action—such as firing or demoting—taken against you. If, on the other hand, your harasser was a co-worker, but your employer took no tangible employment action against you, you must prove that the comments created a hostile work environment or caused you to receive unfavorable treatment due to your gender or sexual identity and that the employer after learning of the harassment, took no action to prevent future misconduct.
Is It Sexual Harassment if a Co-worker or Manager Comments on My Clothing?
When it comes to words, the nature of the comment matters. For example, if a supervisor asks a female employee to dress more professionally, it isn’t likely to be deemed sexual harassment. Nor is a comment such as, “I like your dress.” On the flip side, the dress comment could be seen as sexual harassment if followed with, “It makes your legs look a mile long.” If you feel uncomfortable and unsure, it is always best to speak directly with an experienced sexual harassment lawyer about the inappropriate sexual comments.
What Damages Are Available for Inappropriate Sexual Comments in NY?
Victims of inappropriate sexual comments in New York may be entitled to damages such as lost wages, emotional distress, and punitive damages.
How Long Do I Have to File an Inappropriate Sexual Comments Case in NY?
In New York, the statute of limitations for filing a sexual harassment claim under state or city law is three years from the date of the last incident of harassment. For federal claims, an employee must file a complaint with the EEOC within 180 days of the last harassing incident or 300 days of that date if a state or city anti-discrimination law covers your complaint.
How Do You Respond to Sexually Inappropriate Comments?
If you are the recipient of sexually inappropriate comments, it is important to make it clear to the perpetrator that their behavior is unacceptable and unwelcome. You should also document and report the comments to your employer or a trusted individual.
How Do You Deal with Inappropriate Sexual Comments?
Dealing with inappropriate sexual comments can be challenging, but it is important to remember that you have rights and options. You can report the comments to your employer, seek support from a trusted friend or family member, and consult an experienced sexual harassment attorney to discuss your legal options.
Contact an NYC Sexual Comments Attorney Today
If you have been the victim of inappropriate sexual comments in the workplace, you are not alone—you have legal rights and options. Seek guidance from an experienced New York City sexual comments lawyer to navigate the complex legal process and protect your rights.
Dealing with inappropriate comments at work in NY should not be tolerated. Our attorneys will listen to your story, answer your questions, and help you understand your legal recourse for sexual comments in New York. With our help, you can take the first step towards seeking justice and moving forward with your life.
Contact us online or call 212-227-5700 for a free and confidential consultation.
Having over 25 years of experience and a proven track record of success, Jon has become 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.
