Sexual harassment in the workplace is unlawful. Do not tolerate it.
Sexual harassment should never be taken lightly. Unfortunately, sexual harassment occurs more commonly than most people believe. Sexual harassment takes on many different forms; primarily there are two forms, one which is quid pro quo and the other in which a hostile work environment occurs. Quid pro quo occurs when a person in a position of authority demands sexual favors in return for good reviews, promotions or raises. A hostile work environment is created when unwelcome sexual advances or other conduct that is sexual in nature occurs on the job.
Employees should never have to tolerate unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature. It’s important to understand that uninvited contact includes not only face-to-face contact, but through sexually oriented telephone calls, e-mails or texts from a manager or co-worker.
Employees who have been victims of sexual harassment on the job are offered certain protections when they report these incidents. For example, employers may not retaliate by firing, demoting or docking the pay of an employee who reports sexual harassment. Employees’ rights are protected under both the laws of New York as well as under the EEOC rules.
Employees who are being sexually harassed must carefully record all instances, provide documented evidence, and whenever possible, provide the names of witnesses. It is imperative that all instances of perceived sexual harassment be reported to an employee’s supervisor, and when necessary, to the human resources departments and management.
Employees have the right to file a claim with EEOC if they believe they are being sexually harassed. It is important to note that there is a time limit on filing a grievance, which is 180 days from the date the original harassment took place. This is why it is imperative to seek the guidance of an attorney who understands employment laws as they relate to sexual harassment.
Victims of sexual harassment are required by law to file a formal complaint with the EEOC or the New York State Employment Agency before they are permitted to file a lawsuit. In nearly all cases, the EEOC will encourage the victim as well as their tormentor to attempt mediation to reach a resolution. Should a resolution not be forthcoming after mediation, the EEOC will determine if the violation may be prosecuted in court.
It is important to understand that under the law, sexual harassment is considered gender discrimination, and that both men and women may be victimized sexually on the job. New York State’s Human Rights Law, the New York City Human Rights Law, as well as Title VII of the Federal Civil Rights Act of 1964 all provide victims legal remedies against sexual harassment.
Victims of sexual harassment are strongly encouraged to seek the assistance of an experienced New York sexual-harassment attorney. At Solomon Richman P.C., we will do whatever is necessary to protect victims’ rights. We understand you need somebody who has the expertise and resources to help successfully advocate for your rights. We can help victims file the necessary complaints, aid with mediation, and if necessary, pursue a claim in court. Call us today at (516) 437-6443 and request a consultation with our sexual harassment attorneys.