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Workplace Harassment In New York City

Every day, minority or underrepresented employees dread the prospect of facing workplace harassment based on little more than their identity. Such torment can be rooted in characteristics such as race, nationality, religion, age, and gender – all essential traits that make up a person’s self-image.

No one should be subjected to such treatment in return for a job. At Spasojevich Law P.C., our NYC workplace harassment lawyer is devoted to putting an end to this unacceptable conduct by defending employees who have become victims, holding employers responsible for their wrongful acts, and encouraging companies to modify how they manage employee relations. If you’ve been victimized by workplace harassment in New York City, our team will fight for you. Call our office today at (914) 487-3592 for a free consultation and to learn more about how we can help.

When Is Harassment Illegal?

Unlawful harassment is a type of discriminatory behavior forbidden by Title VII of the Civil Rights Act and other state-level and federal regulations. Unwanted verbal or physical conduct based on race, color, religion, sex, national origin, age (40+), disability (mental or physical), or retaliation can qualify as harassment when:

  1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or
  2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.)

The New York State Human Rights Law grants additional protection to those living in New York beyond the federal Title VII law. On February 8, 2020, this law was extended to cover all employers – regardless of size – so even businesses with less than four employees are now protected from sexual harassment under its provisions. The laws in New York are much more comprehensive than the U.S. civil rights law, and do not require the conduct to be excessively severe or invasive; just that it goes beyond petty slights and trivial inconveniences. This makes it easier to succeed in a harassment claim compared to other regions of the country.

Types Of Illegal Workplace Harassment

Sexual Harassment

Sexual harassment is unacceptable and actionable, regardless of whether it manifests as quid pro quo or hostile work environment harassment. Quid pro quo involves when someone in a place of authority – such as a supervisor – links their sexual advances to an employee’s job benefits or protection from negative employment actions. This kind of behavior must be addressed immediately to ensure the safety and well-being of all employees.

In New York City, it is illegal to create a hostile work environment due to sexual harassment. This type of misconduct can entail demeaning remarks pertaining to physical appearance or requests for dates and sex in addition to any unwelcome touching. You are eligible for protection regardless if you’re working in an office full of people, or just one coworker with yourself. Harassment should not be tolerated within the workplace- no matter how big your company may be. Contacting a skilled NYC workplace harassment lawyer can help you hold the at-fault party accountable for the damage they’ve done.

Pregnancy Harassment

If you believe that your employer unfairly treated you as a result of your pregnancy, then it is possible that you are entitled to legal damages through the New York City Human Rights Law. For this law to be applicable in such situations, however, the business must have employed at least four workers. Additionally, state and federal laws also forbid pregnancy-based harassment; meaning that one can bring forth a claim if discriminatory behaviors or phrases were frequent enough to noticeably impact their work environment.

In a Pregnancy Discrimination case, our workplace harassment attorney will evaluate the timing of the “adverse action” (demotion, change in job role, pay cut, or dismissal) in three distinct periods:

  1. Shortly after you told your employer you were pregnant,
  2. When you started to show
  3. When you returned from maternity leave

Furthermore, you might endure hurtful remarks about your looks, capacity to work and be a parent, or even queries relating to whether or not you would keep the baby. These comments concerning your pregnancy combined with the proximity of unfavorable job action could possibly help confirm that Pregnancy Discrimination occurred. In some cases, women have had their offers revoked after disclosing they were expecting or inquiring about maternity leave policies. You may also possess legitimate grounds for a “failure to hire” lawsuit if employment was denied due exclusively to being pregnant.

Racial Harassment

Have you been subjected to racial slurs, offensive pictures or symbols, and other degrading comments due to your race? If so, these acts may constitute a violation of city, state, or federal laws. To make a strong case for harassment under the New York City Human Rights Law specifically, it is essential that you objectively demonstrate how this maltreatment occurred solely because of your race.

For example, if you are subjected to workplace mistreatment such as being called a racist slur, an experienced workplace harassment lawyer in New York City can assist you in filing a claim. The city law has been crafted to meet its remedial purpose, and more stringent standards apply for state and federal claims.

National Origin Harassment

If you are being discriminated against because of your real or assumed national origin, then you may have a claim for illegal harassment based on the New York City Human Rights Law. Harassing behavior due to your nationality could be expressed in various forms such as offensive comments, profanity, physical violence, and more. To obtain compensation under either state or federal law, the harassing actions need to be so severe that they make it impossible for people at work to carry out their duties without feeling threatened.

Age Harassment

The New York City Human Rights Law, the New York State Human Rights Law, and the federal Age Discrimination in Employment Act (ADEA) all provide protection against age harassment. However, it is important to note that only workers who are at least 40 years old are shielded from such discrimination under ADEA. As for those 18 or older residing in the state of NY – they too can rely on the law for legal recourse should their employer display discriminatory behavior based on their age. To successfully recover damages after being treated less favorably due to your age – you need proof demonstrating this inequality between yourself and other colleagues within your workplace environment.

Criminal History Harassment

You may be eligible for financial recompense if you’re a victim of criminal history-based mistreatment. To seek this via city law, your claim must demonstrate that you’ve been treated worse than others due to some aspect of your protected criminal past. The bar is even higher when it comes to recovering damages under the New York State Human Rights Law; in this case, an experienced NYC workplace harassment lawyer would need to prove that remarks or conduct based on your criminal background had such an overwhelming presence within the work environment as to make it toxic or intimidating.

Gender Harassment

Gender harassment is an act of sex discrimination when someone targets a person based on their gender. Generally, such behavior includes generalizations about the roles or duties associated with each gender. If you were discriminated against in your workplace due to your gender, then you may be able to file a claim for gender-based harassment under city law. However, according to state law regulations, it must be proven that the actions taken toward discriminatory treatment are so extreme and persistent that they create an intolerable work environment in order for any legal proceedings to be considered valid.

Sexual Orientation Harassment

It is illegal to be discriminated against in the workplace due to your sexual orientation, according to both New York City and state laws. To prove a claim under the NYC Human Rights Law, you will have demonstrated that you were treated less favorably than other employees because of your sexuality or perceived sexuality. Additionally, additional protection is provided by the Sexual Orientation Non-Discrimination Act which outlines further protections for those who fall into this category.

The EEOC has proposed that sexual orientation discrimination should be classified as gender discrimination and, thus, sexual orientation harassment would become a form of gender harassment according to federal law. While this matter is still up for debate, the guidance issued by the Equal Employment Opportunity Commission shows promise for protecting individuals from such discriminatory behavior in their workplace.

Disability Harassment

All levels of government have enacted laws banning disability harassment. Still, the definition of what qualifies as a ‘disability’ can vary by jurisdiction. The New York City Human Rights Law is especially comprehensive in that it considers any physical, medical, psychological, or mental impairment – past or present – to be disabling. If you suffer from a condition that meets the definition of disability and are treated unfairly or with discrimination due to it (actual or perceived), you may be able to pursue legal action for damages under city law. Moreover, the New York State Human Rights Law and Americans with Disabilities Act (ADA) provide safeguards against handicap harassment in your workplace.

Frequently Asked Questions

What Actions Are Considered Harassment In New York?

According to New York Penal Law §240.26, harassment is defined as any activity a person undertakes with the intent of upsetting or disturbing another individual. It may include:

  • Any physical conduct intended to annoy another person
  • Any following of a person in a public place
  • Any actions taken by a person that results in alarm without serving a legitimate purpose

Can Sexual Harassment Occur Online In New York?

Although many people assume that sexual harassment only exists in physical workspaces within New York City, virtual sexual harassment can occur anywhere–even in remote work environments.

Online sexual harassment is any unwanted and inappropriate advancements or contact towards you through electronic means such as text messages, emails, video meetings, social media posts, and other web-based tools. This form of misconduct can take on many forms including:

  • Cyberstalking
  • Sending inappropriate images, text, or videos
  • Online Sexual Bullying
  • Sexting
  • Revenge Porn
  • Taking photos or saving online meeting videos and images
  • Displaying inappropriate images or videos
  • Sharing sexually explicit emails
  • Displaying pornography during online meetings
  • Sharing pornography via text, social media, or email
  • Sexual Coercion online
  • Online Sexual Jokes
  • Online Sexual Remarks

Online sexual harassment can take on many forms; it may be either direct or indirect. If someone contacts you with unwelcome sexual advances, comments, or requests through your internet channels, that is considered direct online sexual harassment. Indirect online sexual harassment happens when unwanted and explicit images, videos, and stories about you are disseminated among others – a perfect example of this would be revenge porn. At Spasojevich Law P.C. our NYC workplace harassment lawyer offers invaluable legal assistance to victims of virtual abuse so they can reclaim their rights at work.

What Is Retaliation Regarding Sexual Harassment at Work in New York City?

Too often, employees stay silent in the face of sexual harassment because they fear repercussions if they speak up. However, the law is explicit: employers are not allowed to retaliate against their employees for asserting their rights and standing up for themselves. Consequently, you should never be afraid to stand your ground in these situations – it is your legal right.

Employers may not take any negative action against you in response to your report of sexual harassment or refusal of someone’s advances. Retaliation can come in many forms, including but not limited to:

  • Wrongful termination
  • Demotion
  • Reduced Hours
  • Shift Changes
  • Decreased Pay
  • Negative Performance Reviews
  • Position Changes
  • Suspension

If your employer has retaliated against you in any way, it is highly likely that you have a claim for retaliation and sexual harassment. Spasojevich Law P.C. specializes in helping those who have been victims of such wrongful actions. Our knowledgeable workplace harassment attorney in New York City is well-versed on the subject matter and will provide legal assistance to help fight back against workplace discrimination and unlawful retribution.

What Is The Statute of Limitations To File A Sexual Harassment Claim In New York?

The time limit to report sexual harassment established by the Equal Employment Opportunity Commission (EEOC) is 300 days. After filing a charge, an investigation will take place and if evidence of discrimination is present, a Right to Sue letter will be issued– this gives you the option to file suit in federal court within 90 days thereafter.

The New York City Human Rights Commission (NYCHRC) is the governing body of Human Rights Law and requires that all claims be filed within three years. Upon completion of their investigation, they will issue a Right to Sue letter which gives you permission to file your complaint in state court.

What Happens If Your Employer Ignores Your Sexual Harassment Complaint?

If you are being sexually harassed in a New York City workplace, the first imperative step is to report it within your organization. Even if your boss and human resources department neglect or dismiss your complaint, you still have the right to take legal action against both your harasser and the company. It is essential that sexual harassment be confronted swiftly; do not delay in coming forward with any such reports or experiences.

By allowing the harassment to proceed after your complaint, your employer has disregarded their responsibility. You have a right to take legal action against them and the harasser alike. For that reason, you must enlist an employment law attorney who is familiar with New York City’s sexual harassment laws in order for your lawsuit to be successful. Spasojevich Law P.C. seeks justice on behalf of individuals like yourself facing discrimination due to these violations, and is more than capable of filing all necessary paperwork so that you can obtain rightful restitution from this harrowing situation.

Contact Our NYC Workplace Harassment Lawyer Today

Are you a victim of workplace harassment? Spoasojevich Law P.C. is here to fight for justice on your behalf. We will assist in filing a charge with the EEOC or New York Human Rights Commission and represent you while suing your employer, allowing reparation due to the damage caused by their mistreatment as well as reclaiming any benefits taken away from you. Let us help make sure that no one else has to experience what happened to you ever again.

If you have experienced workplace harassment in New York City, contact our NYC workplace harassment lawyer today for a complimentary consultation. We are committed to safeguarding your rights and enabling you to work without fear of unlawful mistreatment. Contact our office today to learn more about how we can help you.