Sexual harassment in the workplace isn’t confined to the office. It can also happen at off-site events, leaving a lasting impact on employees. People may be more relaxed and less inhibited after a few drinks, resulting in harassing behavior. New York law prohibits sexual harassment, even at off-site, company-sponsored events.
If you’ve been a victim of sexual harassment at a work party, dinner, conference, or any other off-site event, you may be entitled to compensation. Lipsky Lowe LLP, with our extensive experience in holding employers accountable for sexual harassment, is here to support you. We will work diligently to pursue the full compensation you need and deserve. With us by your side, you can feel empowered in your pursuit of justice.
Examples of Sexual Harassment at Off-Site Company Events
Courts have held that sexual harassment can occur even when it happens outside of the workplace. For example, suppose a manager sexually touches an employee while they are at a work meeting at a restaurant.
Although they weren’t at their work offices when the unwelcome touch occurred, it would still constitute sexual harassment because they were at a work-related activity. Some of the most common examples of sexual harassment at events outside the workplace include the following:
- Sending unwanted romantic or sexual messages
- Touching an employee without their consent
- Following an employee too closely at an event or standing too closely
- Making sexual comments or jokes about an employee’s physical characteristics or sexual preferences
- Commenting on an employee’s personal life, clothing, or body in a sexual way
- Boasting about sexual experiences
- Staring in a suggestive manner
- Catcalling
- Making inappropriate gestures or imitating sexual movements
- Pressuring a coworker for sexual favors or a date
- Spreading sexual rumors about an employee
Workplace Sexual Harassment Can Happen After Working Hours
To successfully recover compensation, you will need to prove the harassing behavior was linked to your job. Courts have ruled that the harasser doesn’t need to do their official work duties when it occurs. Suppose a manager and an employee decided to go out for drinks after work. They don’t plan on doing any work. The manager begins making sexually suggestive comments to their employee.
Even though they were colleagues and friends and weren’t in an official work meeting, the manager can be held accountable for sexual harassment. As long as an employment relationship does exist, gender-based harassment continues to be illegal after everyone is “off the clock.” The fact that the sexual harassment happened after the workday finished isn’t a defense to allegations of sexual harassment.
Online Workplace Sexual Harassment
Sexual harassment at off-site events can include online harassment. Online sexual harassment has become more common than ever. Receiving unwanted sexual comments or advances through email, text messages, social media, or online meeting spaces such as Zoom constitutes sexual harassment in the workplace.
An employee could be subjected to an inappropriate joke on a Slack channel or other messaging service the employer uses. During a one-on-one Zoom meeting, a manager may make unwanted romantic suggestions or threaten the employee with an adverse employment action if they refuse to engage in sexual activity with the manager.
Online stalking and exposure of sexual photos or sexual organs over Zoom meetings can also occur. Online sexual harassment is unlawful, and if you’ve been the victim of online workplace sexual harassment, it’s essential to speak to an attorney as soon as possible.
Reporting Sexual Harassment Outside of the Workplace
Employers are legally obligated to prevent sexual harassment at the workplace and at offsite work events. At Lipsky Lowe LLP, we believe in the importance of this proactive approach. Employers should ensure all employees attend training about what constitutes sexual harassment. Training should clarify that sexual harassment is prohibited at all work-related functions and online employee interactions.
Reporting workplace sexual harassment to the proper authorities can be difficult, but it’s important to protect your legal rights. At Lipsky Lowe LLP, we understand the courage it takes to speak out about sexual harassment. We want to encourage you to report any incidents you experience or witness.
Once an employee reports sexual harassment, the employer must investigate the issue thoroughly and promptly and take steps to prevent continued harassment. Unfortunately, many employees ignore or dismiss claims. Employers may unlawfully retaliate against employees by threatening them with demotions, firing, or decreased work hours unless they withdraw the claim. An experienced employment attorney can help you navigate the claims process while protecting your rights.
How to Protect Yourself If You’ve Experienced Off-Site Sexual Harassment
Laws prohibiting sexual harassment in the workplace protect all employees, including interns, during all workplace-related functions. The same laws that protect employees at the workplace also apply to off-site work events. It’s important that you keep all records of sexual harassment. Write down the time, date, and location of the incidents. You should also write down any witnesses and their contact information. As a victim of sexual harassment, you have options as to how to pursue compensation from your employer.
You can file an official complaint through the federal Equal Employment Opportunity Commission (EEOC), with New York State’s Division of Human Rights, or the NYC Commission on Human Rights. Under the New York City Human Rights Law, people who have experienced sexual harassment have up to three years to file gender-based harassment complaints in court.
An attorney can help you pursue compensation for your damages, including financial losses, emotional distress, and any medical or therapy expenses you’ve incurred. In some cases, you may also be eligible for additional punitive damages from your employer.
Have You Been the Victim of Sexual Harassment at an Off-Site Event? Contact a Skilled Employment Attorney
Whether sexual harassment occurs in the office or at an off-site company-sponsored event, victims have the right to pursue compensation. Don’t hesitate to contact Lipsky Lowe LLP to schedule a no-obligation case evaluation. This evaluation allows you to discuss your case with us, learn more about your legal options, and decide whether to proceed with legal action. It’s a risk-free opportunity to understand your rights and how we can fight for them.