Workplace Sexual Harassment

Workplace Sexual Harassment

Sexual harassment in the workplace is illegal on both the New York state and federal level, and yet it remains a pervasive problem in workplaces across New York. Victims experience immense pressure to stay silent and fear the consequences of speaking up, both professionally and personally.

At Brustein Law, it is our mission to empower and advocate for victims of workplace sexual harassment. We will fight relentlessly to hold the perpetrators accountable in any and every manner possible. If you or a loved one have experienced sexual harassment in a New York or New Jersey workplace, turn to our experienced team to champion for you so you can see justice. You have the absolute right to a workplace where you feel safe and are treated with fairness and respect.

What is Sexual Harassment?

Sexual harassment is a form of discrimination where a perpetrator singles out a victim based on their gender, appearance, or sexual orientation. While many believe that perpetrators’ motives are mainly sexual, this may also be a method of exerting power or control over the victim. This harassment can manifest verbally, visually, or physically, whether overtly or covertly. Sexual harassment can include unwanted sexual advances, soliciting sexual favors, offensive or uncomfortable remarks about a person’s sex or appearance, threats, inappropriate images, unequal treatment, and even unwelcome physical contact.

New York law has strong protections in place for victims of workplace sexual harassment, established under Title VII of the Federal Civil Rights Act, New York State Human Rights Law, New York City Human Rights Law, and a number of local laws depending on where in New York the harassment took place. For incidents taking place in neighboring New Jersey, the New Jersey Law Against Discrimination provides similar protections. These laws strictly prohibit sexual harassment and discrimination and give victims of workplace sexual harassment avenues for redress.

What Does Sexual Harassment in the Workplace Look Like?

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment occurs in the workplace when incidents are sufficiently frequent or severe to create a hostile or offensive work environment. The EEOC elaborates, stating that certain conduct also constitutes sexual harassment in the workplace when it leads to negative professional consequences, such as terminations or demotions. When it comes to workplace sexual harassment, anyone, irrespective of gender identity, sexual orientation, or job title can be a perpetrator or a victim.

One-off offensive comments or misconstrued jokes in a workplace setting can make employees extremely uncomfortable, but these do not necessarily meet the threshold of workplace sexual harassment. The conduct must be at a specific level to constitute workplace sexual harassment, giving rise to certain remedies under law. That is not to say that such conduct cannot or should not be addressed. It is important to consult an experienced New York workplace sexual harassment attorney to understand your options.

Sexual harassment in the workplace typically falls into one of two categories: quid pro quo sexual harassment and hostile work environment sexual harassment.Quid pro quo (the Latin term which directly translates to “this for that”) sexual harassment occurs when the perpetrator solicits favors or benefits of a sexual nature in exchange for certain workplace benefits and protections, or the promise not to resort to actions that would be detrimental to the victim.

Hostile work environment sexual harassment encompasses a much broader range of actions where an individual endures misconduct of a sexual nature, generally based on their gender, sexual orientation, or appearance, which fosters an offensive and intimidating work environment.

What Results Can I See for Workplace Sexual Harassment?

Just as there are many laws providing recourse for victims of workplace sexual harassment, there are also many avenues to explore in seeking justice. Your attorney will evaluate your unique circumstances and advise you on how to best pursue justice. The harasser and the employer can be held liable for workplace sexual harassment. Not only could you see employment consequences for the harasser such as demotion or termination, but you may be entitled to just financial compensation including compensation for:

  • Wrongful termination or demotion

  • Lost wages

  • Lost future earnings

  • Medical expenses, including the costs of any mental health treatment

  • Pain, suffering, and emotional distress

  • Attorney’s fees

In rare cases you could also be awarded punitive damages, which is financial compensation the court can award to punish a perpetrator of workplace sexual harassment or their employer for exceptionally egregious and offensive conduct.

Contact Our Experienced Workplace Sexual Harassment Team Today

Workplace sexual harassment is one of the most uncomfortable and demoralizing experiences an employee can endure, but you still have a voice. You deserve to speak up, be heard, and see justice for your hardships. You deserve to see the perpetrator face consequences for their misdoings, and you don’t have to face it alone. With a skilled New York workplace sexual harassment attorney by your side, you can see real results. Let us bring credibility to your truth.

Contact our team for a free and confidential consultation. We are ready to start fighting for you today. You tell the truth, and we handle the rest.