Sexual harassment in the workplace can happen to anyone, regardless of age, sexual orientation, or gender identity. An increasing number of men have reported being sexually harassed in the workplace by co-workers and managers. Male victims of sexual harassment may face additional challenges when pursuing justice and compensation because of social stereotypes about men.
If you’ve been the victim of male sexual harassment in the workplace, understanding your legal rights and options is not just important, it’s empowering. The New York City employment attorneys at Lipsky Lowe LLP have a proven track record of holding employers accountable for sexual harassment in the workplace, and we’re here to help you navigate this challenging situation.
Can Men Be Sexually Harassed?
While women file the majority of workplace sexual harassment cases with the EEOC, it’s important to note that an increasing number of men are also coming forward. According to the National Sexual Violence Resource Center, 43 percent of men have reported experiencing some form of sexual harassment or assault during their lifetime. We understand that men are less likely to file sexual harassment claims than women, and we’re here to change that.
For example, men have long been expected to act strong and hide vulnerabilities. Some still believe the misconception that women can’t sexually harass or assault a man. Men may be afraid of being mocked by friends and co-workers if they report the harassment. Others may be afraid they’ll be wrongfully terminated from their position if they report sexual harassment or that they’ll be harassed by another male about the original harassment.
What Is Sexual Harassment in New York City?
Sexual harassment includes any unwelcome sexual conduct directed at an employee by another person. Inappropriate joking, touching, sexual advances, requests for sexual favors, and other types of harassment that are sexual in nature can constitute unlawful sexual harassment. New York City, state, and federal laws prohibit sexual harassment and retaliation against victims of sexual harassment victims by their employers.
Both the New York State and New York City Human Rights Laws explicitly prohibit sexual harassment based on an individual’s sex, sexual orientation, and gender identity or expression. Unlike federal laws, the state and city Human Rights Laws do not require the harassment to be “severe or pervasive” for an employee to pursue compensation successfully.
Quid Pro Quo Sexual Harassment
“Quid pro quo” means “this for that” in Latin. This type of sexual harassment occurs when a person in authority, such as a supervisor, manager, or the owner of the company, seeks sexual favors from an employee in exchange for a job benefit, such as better hours, a promotion, or a raise, or to avoid a pay cut, firing, or demotion.
When a victim can show they were an employee or job applicant and experienced unwanted harassment, that the harasser had a position of power over them, and that they suffered harm, they can recover compensation from the employer. In some cases, the victim may have a right to sue the offending company and the individual harasser under the legal theory of respondeat superior.
What Constitutes a Hostile Work Environment in New York City?
The New York City Human Rights Law prohibits sexual harassment in the form of a hostile work environment. Offensive conduct of a sexual nature can create a hostile work environment. Offensive jokes, sexually based name calling, physical threats or assaults, mockery, insults, offensive objects, or pictures can all create a hostile work environment. The target of the sexual harassment and any victims who witnessed the harassment can pursue a legal claim against their employer, even if they haven’t suffered economic harm.
The Long-Term Effects of Male Sexual Harassment in the Workplace
Many men who’ve survived sexual harassment or assault feel self-doubt and shame. They may believe they should have been “strong enough” to stop the harassment. For victims of sexual assault, it’s important to know that experiencing sexual harassment isn’t your fault. Some of the most common long-term effects of male victims of sexual harassment and assault in the workplace include the following:
- Depression, anxiety, post-traumatic stress disorder (PTSD), eating disorders, and flashbacks
- Avoiding places or people that remind you of the sexual harassment
- Fear of the worst happening
- A loss of control over a person’s own body
- Being unable to relax, feeling on edge, and having difficulty sleeping
- A sense of shame or blame over not being able to prevent the harassment or abuse
- An increasing sense of isolation from friends and family
- Worrying about disclosing the harassment or assault for fear of disbelief or judgment
What to Do If You’ve Experienced Sexual Harassment in the Workplace
The steps you take after being sexually harassed can help you protect yourself, pursue a claim, and potentially prevent your employer from harassing other people. The first step you should take is to keep all documents and records of harassing or discriminatory communication, such as text messages, emails, internal chat messages, and other documents. You should also write down all sexual harassment incidents.
Include the exact date and time, the victim’s response, the perpetrator, and any witnesses to the incident. You should report the incident or ongoing incidents to your company’s human resources department.
In your report, provide as many details as possible and keep documentation showing you submitted a claim. If you’re uncomfortable submitting a claim or worried that your employer may retaliate against you, speaking to an employment attorney can help you write and file a claim.
Contact an Attorney for Male Victims of Sexual Harassment in New York City
The attorneys at Lipsky Lowe LLP have helped many clients in New York City hold their employers accountable for male sexual harassment. We are prepared to help you understand your legal rights and pursue compensation. We have extensive experience recovering compensation for male victims of sexual harassment in the workplace. Contact Lipsky Lowe LLP to schedule an initial consultation with a skilled employment attorney and take the first step toward justice.