Every employee is entitled to a workplace free from harassment and discrimination. At Lipsky Lowe LLP, we understand how damaging sexual harassment can be—physically, emotionally, and financially. Whether you are being harassed by a supervisor, coworker, or even a client, you have rights.
Sexual harassment can take many forms. Some conduct may be overt, such as sexual advances or requests for sexual favors. Others may be more subtle, such as making inappropriate jokes, comments, or displaying visual content. Regardless of how it happens, it’s wrong, and it’s unlawful.
If you’ve experienced or are experiencing harassment in the workplace, we can help. Our firm has represented individuals in some of the most sensitive and serious sexual harassment matters throughout New York and New Jersey. Contact us today to schedule a free consultation.
What Is Sexual Harassment?
Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It becomes unlawful when:
- Submission to the conduct is made either explicitly or implicitly,as a term or condition of employment,
- Submission to or rejection of the conduct is used as the basis for employment decisions, or
- The conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive work environment.
Sexual harassment falls into two categories:
- Quid pro quo harassment occurs when job benefits—such as promotions, raises, or continued employment—are conditioned upon submission to sexual conduct.
- Hostile work environment harassment occurs when the workplace is permeated with discriminatory intimidation, ridicule, or insult that is sufficiently severe or pervasive enough to alter the conditions of employment and create an abusive working environment.
Both types of harassment are prohibited under federal, state, and city law. At Lipsky Lowe, we work with clients to determine the nature of the harassment and pursue the appropriate legal remedy.
Can You Sue for Sexual Harassment?
Yes. Employees who experience sexual harassment may bring claims under:
- Title VII of the Civil Rights Act of 1964 (federal law),
- The New York State Human Rights Law, and
- The New York City Human Rights Law.
Before suing under federal law, you must file a charge with the Equal Employment Opportunity Commission (EEOC). However, New York State and City laws permit employees to proceed directly to court without first filing a charge. Moreover, plaintiffs no longer have the burden of proving that harassment was pervasive. Instead, they must only demonstrate that they were treated less fairly than other employees.
Each of these laws also protects employees from retaliation. If your employer demotes, fires, or otherwise penalizes you for speaking up or filing a complaint, that may be an additional violation.
What Does Sexual Harassment Look Like?
Harassment can take many forms. Examples include:
- Unwanted touching, hugging, or physical contact
- Sexual jokes, innuendos, or comments
- Displaying sexual images or posters
- Repeatedly asking for dates or making advances after being told “no”
- Making employment decisions based on sexual conduct
- Sending sexually explicit emails, texts, or messages
- Verbal abuse of a sexual nature
Harassment can happen to anyone, regardless of gender, sexual orientation, or job position. It may come from a manager, coworker, subordinate, or even someone outside your organization (like a client or vendor).
Employers Have a Duty to Prevent Harassment
Employers are legally required to take reasonable steps to prevent and correct harassment in the workplace. This includes:
- Implementing a clear anti-harassment policy
- Providing regular training to employees and supervisors
- Responding promptly and effectively to complaints
If an employer knew or should have known about the harassment and failed to act, they may be liable for damages.
At Lipsky Lowe LLP, we also advise companies on best practices for harassment prevention, training, and compliance with New York State and City laws.
Talk to a New York Sexual Harassment Attorney Today
Whether you are currently facing harassment or have already left your job because of it, we are here to help. Our experienced legal team will listen to your story, explain your rights, and help you explore your legal options. We fight for victims of harassment and help them recover compensation for emotional distress, lost wages, and more.
Don’t delay. Contact Lipsky Lowe LLP today for a confidential consultation.