New York Sexual Harassment Lawyer NYC

The #MeToo movement brought the issue of sexual harassment to the forefront, with many women finding their voice and speaking out against workplace discrimination and sexual harassment that jeopardized their ability to get or stay on the job, or be promoted.

High-profile players from the entertainment, political, the press, and other industries were either accused of, or found guilty of sexual harassment during the last several years. The most famous case involved movie mogul Harvey Weinstein, 70, who is now serving a prison term of 23 years for sexual assault and rape. Dozens of women, including famous actors, accused Weinstein of demanding sexual favors in exchange for acting roles. Many who rebuffed his unwanted sexual advances lost the opportunity to work again.

Hollywood actor Kevin Spacey has also faced numerous allegations of sexual harassment and now faces a felony sexual assault charge in the United Kingdom.

Speak with a NYC Sexual Harassment Lawyer

If you have been a victim of sexual harassment, a hostile work environment and/or wrongful termination, you should notify your company’s Human Resources department and make a report. Companies should have employment practices in place that detail their zero tolerance on sexual harassment and the steps to take in the event of a sexual harassment complaint.

Then contact an experienced sexual harassment attorney in New York City for a free consultation to determine whether you have a sexual harassment case, particularly if no action was taken by management to rectify the situation. Experienced sexual harassment attorneys will help navigate you through the legal services and processes available. Laws prohibit sexual harassment in the workplace,

What Is Workplace Sexual Harassment?

So what constitutes sexual harassment?

Sexual harassment is a serious problem affecting millions of people in the United States alone. One location you expect to be safe from sexual harassment is in the workplace — whether you work at an office, bank, school, on a film site, etc. When you are at work, you should be provided with a safe environment free from harassment, abuse, discrimination, and hostility.

Workplace harassment is defined by the U.S. Equal Opportunity Employment Commission (EEOC) as “unwelcome sexual advances or conduct of a sexual nature which unreasonably interferes with the performance of a person’s job or creates an intimidating, hostile, or offensive work environment.” This type of harassment, while more commonly happening to women, also occurs with men, who make up almost 20% of the reported instances.

Defining Sexual Harassment

Sexual harassment comes in many forms, even inappropriate “locker room” talk among others in the workplace. It also includes lewd or sexual jokes, pictures, derogatory comments, offensive remarks or remarking on someone’s outfit or appearance in a sexual manner. Anyone can be a victim of sexual harassment regardless of gender or sexual orientation.

It’s also important to note that just one action can be enough to constitute sexual harassment. In addition, sexual harassment victims are made to feel that they are imagining the inappropriate behavior. But if something doesn’t feel proper, it most likely isn’t and should be reported.

Consensual flirting or remarks are not considered harassment. Harassment occurs when a non-consensual physical act or remark is directed at someone.

There are two main categories of harassment:

Quid Pro Quo

This harassment involves a supervisor or person in a position of authority attempting to get a worker to accept sexual advances in exchange for a promotion, a raise, or to avoid being fired; just one instance of this type of harassment is enough to sustain a legal claim.

Hostile Work Environment

Harassment involves sexually harassing conduct so severe and pervasive that it creates a hostile workplace.

If you have been a victim of sexual harassment, you should notify your company’s Human Resources department and make a report, and then contact an experienced sexual harassment attorney in New York City. Anything you discuss with a lawyer is confidential.

What Counts As Sexual Harassment?

• Unwanted touching
• Unwanted groping of sexual areas
• Physically blocking a person from moving
• Sexual advances
• Sending lewd or sexual texts, emails, or jokes
• Sexual or inappropriate language
• Propositioning for sex

Sexual harassment lawsuits can be complicated. The victim must be able to meet both a subjective and objective standard. The plaintiff has to show that they truly believed the conduct was hostile, abusive, or offensive and must also show that others in that position would have objectively believed it to be as well. Harassment cases can become a “he said, she said” situation, making it hard for a judge to make a ruling.

It may seem unfair at first glance, but the victims of sexual harassment do bear the burden of attempting to end or resolve the harassment, and then reporting it if it cannot be resolved. It can sound very difficult, but the single most effective way to end sexual harassment is to directly tell the person that you are offended and ask them to stop. Many times, the harasser is unaware that their comments or behavior is offensive in the first place. Whether you say something in person or in an email, this is the first step. If nothing changes, there are additional steps you can take.

What Should I Do If I Have Been Sexually Harassed?

• Inform the harasser that their actions are offensive.
• If it does not stop, let your supervisor/manager and Human Resources department know. If you don’t follow company policies and report the harassment, you may lose in court for not attempting to resolve it according to their policies.
• Make sure to write down and document all instances of harassment and the steps you have taken. This is necessary.
• If your company does not resolve the problem, file a complaint with the EEOC, which enforces Title VII.
• After the EEOC investigates and if there is no settlement, you can then file a Title VII lawsuit. Make sure to file your sexual harassment lawsuit within the statute of limitations.

What Is Title VII?

Title VII, under the Civil Rights Act of 1964, is the primary law under which federal discrimination lawsuits can be filed. Title VII applies to employers with 15 or more employees. It specifically prohibits companies and employers from discriminating against their employees based on sex, race, religion, and/or national origin. The New York Human Rights Law at the state level here, bars employers from discriminating against workers in any capacity. These laws also protect workers from being retaliated against for complaining about perceived discrimination.

Learn more about your civil rights in NYC. 

Sexual harassment is considered a form of gender discrimination, since the conduct occurs because of a person’s gender. When you report sexual harassment or file a claim, it is illegal for companies and employers to engage in retaliation, but that doesn’t mean it doesn’t happen. To protect yourself, you should acquire a copy of your personnel file before you officially file a complaint. Once you have this, your past work evaluations and performance are documented and cannot be changed, in the event that your employer demotes or transfers you in retaliation for your claim. Society can be quite litigious, so it makes sense to be prepared and expect the worst, so that you are not surprised in the event retaliation occurs.

Major Sexual Harassment Cases in the News

• In 2017, Uber fired over 20 employees after sexual harassment claims were investigated, and 40 more employees were reprimanded or referred to counseling/training. There were over 200 sexual harassment or misconduct claims made against the company.
• Harvey Weinstein was removed from his own company after reports of sexual harassment came out, happening over the course of the last 20 years. Dozens of actresses have come out with their stories, and it has been reported that Weinstein has been paying off sexual harassment accusers for decades.
• Four women accused Celebrity Chef Mario Batali of inappropriately touching them.
• Fox News host Bill O’Reilly reached a $32 million agreement with a longtime network analyst to settle sexual harassment allegations.
• Taylor Swift recently won a symbolic $1 by a jury after taking her sexual harasser to court. A radio DJ groped her at a photo op several years ago and then attempted to sue her after she reported it and he was fired from his job. She counter-sued for sexual assault and won.

Contact Us Today for a Free Consultation

If you have been harassed by anyone, you deserve to feel safe and protected. The Law Offices of Ronemus & Vilensky understand and are equipped to deal with sexual harassment laws and cases in New York City, Staten Island, Garden City, Nassau County, and other New York areas. We are qualified harassment lawyers, available to help you get justice and navigate your way through the court system and make a sexual harassment claim.

During our initial consultation, our New York NY attorneys will review your situation to determine whether you have a hostile work environment claim as a result of sexual harassment and employment discrimination, including whether or not any disciplinary action was taken against the perpetrator (who may be a superior or a coworker) or if management neglected to do anything about the matter.