Sexual Harassment Attorney NYC
Treated Inappropriately at Work? Call (212) 600-9534 Today.
At Nisar Law Group, P.C., our New York sexual harassment lawyers bring a thorough knowledge of discrimination laws and employment litigation to each case, giving employees who’ve been sexually harassed a significant advantage during the negotiation and litigation processes.
Call (212) 600-9534 to discuss your options during an initial consultation with an attorney.
What Constitutes Sexual Harassment?
The following are examples of what could be considered sexual harassment in the workplace:
- Making inappropriate jokes about sex or gender
- Repeatedly flirting with a coworker
- Sending or sharing lewd imagery at work or in a work-related forum
Many cases do not involve a coworker but instead a business owner or executive. If you were victimized by a co-worker or boss, contact our attorneys for experienced representation.
Companies might be accused of sexual harassment or discrimination if:
- One sex or gender is routinely paid less than the average amount
- Hiring practices seem to favor one sex or gender
- Firing members of one sex or gender
- Not preventing or penalizing sexual harassment between employees
It is also important to note that sexual harassment does not need to include two members of the opposite sex or gender. Federal law states that sexual harassment and discrimination can occur between any two people. For example, a woman who makes inappropriate comments about a female coworker’s appearance has still committed sexual harassment in the workplace.
Steps to Take if You've Experienced Sexual Harassment at Work
Experiencing sexual harassment at work can be traumatic and overwhelming. It’s important to know that you have legal rights and options to protect yourself.
Here are some important steps to take if you’ve experienced sexual harassment:
- Report the harassment: Notify your employer or HR department immediately. Make sure to document the incident(s) and any response you receive.
- Seek support: Talk to a trusted friend, family member, or counselor about what you’re going through. It’s important to take care of your mental and emotional health.
- File a complaint: If your employer doesn’t take action to address the harassment, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department.
- Hire an attorney: A sexual harassment attorney can help you navigate the legal process and advocate for your rights. They can also help you pursue compensation for any damages you’ve suffered.
At Nisar Law Group, P.C., we understand how difficult it can be to speak out about sexual harassment. Our experienced attorneys are here to support you every step of the way. Contact us today to schedule a consultation.
Giving You the Legal Edge You Need
Take legal action today by preparing your case with a sexual harassment attorney in New York City. You can contact our firm online at any time to request an initial case evaluation.
Why We're the Right Choice
- Seasoned Litigators Who Have Handled Numerous Jury & Bench Trials
- Providing Representation with Clarity, Honesty & Integrity
- Building Long-Term Affiliations & Relationships
- Offering Consultations for All Case Types We Handle
Commonly Asked Questions
What should I do if I am being sexually harassed at work?
If you are being sexually harassed at work it is important to take action right away. You should document any instance of inappropriate behavior that occurs and tell your supervisor about the situation as soon as possible. Additionally, you may want to contact an experienced attorney who can help you understand your rights.
Can my employer be held liable for my co-worker's actions?
Yes – depending on the circumstances surrounding your case, your employer may be held liable for your co-worker’s actions if they knew about it but did not act appropriately. If this is the case then you may have a claim against both parties involved in addition to potential claims against other supervisors who were aware but failed to take action.
Are there any additional resources available for victims of sexual harassment?
Yes – there are numerous resources available for victims of sexual harassment including local organizations such as The Long Island Council on Gender Based Violence (LICGBV), which offers free counseling services and legal advice for those affected by discrimination and violence related issues.
Frequently Asked Questions About: Sexual Harassment in the Workplace
Sexual harassment is legally defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects employment conditions or creates a hostile work environment. The key word is “unwelcome” – the behavior must be unwanted by the recipient, regardless of whether they explicitly objected at the time.
Under federal law, sexual harassment becomes illegal when it’s severe or pervasive enough to create a work environment that a reasonable person would find intimidating, hostile, or abusive. It can also be illegal when submission to such conduct becomes an explicit or implicit condition of employment, or when it’s used as the basis for employment decisions like hiring, firing, or promotions.
The two main types are quid pro quo harassment and hostile work environment harassment. Quid pro quo (meaning “this for that”) occurs when job benefits like promotions, raises, or continued employment are conditioned on accepting sexual advances or when refusing such advances results in negative employment consequences.
Hostile work environment harassment happens when unwelcome sexual conduct is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. This doesn’t require economic harm – it focuses on whether the workplace becomes so uncomfortable that it interferes with an employee’s ability to do their job effectively.
The four key legal elements are: (1) the conduct must be unwelcome, (2) it must be based on sex or of a sexual nature, (3) it must be either severe or pervasive enough to alter working conditions, and (4) there must be employer liability through knowledge or negligence. These elements work together to establish whether behavior crosses the line from inappropriate to illegal.
Courts examine these elements carefully, looking at factors like the frequency of conduct, its severity, whether it was physically threatening or humiliating, and whether it unreasonably interfered with work performance. All four elements must be present to establish a valid sexual harassment claim under federal law.
Sexual harassment encompasses a wide range of unwelcome behaviors including inappropriate touching, sexual comments or jokes, displaying sexual materials, making sexual gestures, sending sexually explicit emails or messages, and persistent requests for dates after being told no. The behavior doesn’t have to be overtly sexual – it can include gender-based harassment that targets someone because of their sex.
What matters is whether the conduct is unwelcome and creates either economic consequences (like being fired for refusing advances) or a hostile environment. Even seemingly minor incidents can constitute harassment if they’re part of a pattern that makes the workplace uncomfortable or interferes with someone’s ability to perform their job.
Not all inappropriate or unprofessional behavior rises to the level of illegal sexual harassment. Isolated incidents that aren’t severe, consensual relationships between coworkers, general workplace rudeness or incivility, and legitimate performance-related criticism typically don’t constitute harassment. The law doesn’t create a “general civility code” for workplaces.
However, be careful not to dismiss behavior too quickly. What seems like “just joking around” to one person might be creating a hostile environment for another. The key factors are whether the conduct is unwelcome, related to sex, and severe or pervasive enough to affect working conditions. When in doubt, it’s better to report concerning behavior and let trained professionals evaluate it.
Three clear examples of sexual harassment include: (1) unwanted physical contact like touching, hugging, or cornering someone, (2) making sexual comments, jokes, or innuendos that create discomfort, and (3) requesting sexual favors in exchange for job benefits or threatening negative consequences for refusal. These behaviors are problematic regardless of the harasser’s intent.
Other common forms include displaying sexually explicit materials, making comments about someone’s body or appearance, persistent unwelcome requests for dates, sending sexually suggestive messages, and creating a sexually charged atmosphere through inappropriate conversations or behaviors. The focus is always on how the behavior affects the recipient, not the harasser’s intentions.
Signs you may be experiencing sexual harassment include feeling uncomfortable due to sexual comments or advances, noticing that work decisions seem tied to your response to unwelcome behavior, experiencing retaliation after rejecting advances, or finding that sexual conduct has become a regular part of your work environment. Trust your instincts – if something feels wrong, it probably is.
Document any concerning incidents, including dates, witnesses, and your response. Pay attention to patterns – harassment often escalates over time. If you’re losing sleep, dreading work, or finding your job performance affected by someone’s inappropriate behavior, these are strong indicators that you’re dealing with harassment that needs to be addressed professionally.
Employers have a legal duty to maintain a workplace free from sexual harassment and must take prompt, effective action when they know or should know about harassment. This includes having clear anti-harassment policies, providing regular training, investigating complaints thoroughly and promptly, and taking appropriate corrective action when harassment is found.
Employers can be held liable for supervisor harassment, and for coworker or third-party harassment if they knew or should have known about it but failed to take appropriate action. The key is that employers must respond reasonably and effectively – they can’t just ignore complaints or conduct superficial investigations that don’t address the problem.
The three main factors courts consider are: (1) whether the conduct was unwelcome, (2) whether it was severe or pervasive enough to alter working conditions, and (3) whether there’s a basis for employer liability. These factors help distinguish between inappropriate behavior and illegal harassment that violates civil rights laws.
Courts also examine the totality of circumstances, including the frequency and severity of conduct, whether it was physically threatening or humiliating, the effect on the victim’s psychological well-being, and whether it interfered with work performance. The analysis is both objective (what would a reasonable person find offensive) and subjective (how it actually affected the specific victim).
Key characteristics include unwelcome conduct of a sexual nature, behavior that’s either severe (like assault) or pervasive (repeated over time), conduct that affects employment terms or creates a hostile environment, and situations where the employer knew or should have known about the behavior. The harassment must be linked to the victim’s sex or involve sexual conduct.
The behavior must also unreasonably interfere with work performance or create an intimidating, hostile, or offensive working environment. Courts look at the pattern of behavior, not just isolated incidents, and consider factors like the relationship between the harasser and victim, the frequency of conduct, and whether it escalated over time.
