Being subjected to pornography in the workplace can be one of the most uncomfortable and difficult experiences an employee can face. Watching pornography in front of co-workers or displaying pornographic materials can create a hostile work environment and may be considered sexual harassment. New York City provides legal remedies for workers who have been subjected to offensive sexual conduct while on the job.
When employees are exposed to pornography in the workplace through managers or co-workers, they may have a valid legal claim for sexual harassment. If you are a worker in New York City and you’ve been harmed by a co-worker watching pornography in the workplace, knowing your legal rights is important. The employment attorneys at Lipsky Lowe are prepared to help you understand your legal rights and pursue the compensation you need and deserve.
Examples of Pornography in the Workplace
Watching pornography while at work is more common than many people realize. In a recent survey, 63 percent of men and 36 percent of women stated they’d viewed pornography while at work in the last three months. With the prevalence of pornography use in the workplace, it isn’t uncommon for unsuspecting workers to be exposed to explicit content against their will. Whether you work in an executive office or a restaurant, you may experience coworkers watching, sharing, or discussing pornography on the job.
Before the internet became widely used and available on people’s cell phones, workers might have displayed inappropriately sexualized or nude images around the locker room or shop floor. Now, an employee might start watching a pornographic video at their desk when another employee walks by and sees the video. In other cases, employees engage in sexual harassment by sending nude photos or videos over the office chat system, email, text message, or social media. During a Zoom call, an employee may intentionally or accidentally expose coworkers to pornography. Employees may play videos with disturbing sexual audio, resulting in coworkers hearing offensive sounds against their will. Some employees may keep a pornographic image as their screensaver on their computer or phone.
Pornography Can Create a Hostile Work Environment
Regardless of the form, sexually explicit material, including pornography, in the workplace can constitute unlawful sexual harassment. Generally, there is no business-related reason for employees to be watching or sharing pornographic material while they are at work. Most New York City employers explicitly ban the practice in their employee handbooks. Nonetheless, employees may sneak in pornography viewing in a way that makes their co-workers uncomfortable.
Sexual Harassment in the Workplace is Prohibited
Title VII of the federal Civil Rights Act is a federal law that prohibits sexual harassment in the workplace. Sexual harassment includes comments or behavior based on a person’s sex or gender that makes it difficult for them to work or creates a hostile work environment that would make a reasonable person uncomfortable on the job.
The presence and use of pornography in the workplace can easily create a hostile work environment. Pornography raises issues of sexuality, sex, and explicitly lewd behavior without a legitimate business purpose. Employers have an obligation to prevent workers from being exposed to sexual images and videos against their will while at work. Title VII also prohibits employers from retaliating against workers who report pornography in the workplace. Workers have the right to file a claim with the federal Equal Employment Opportunity Commission (EEOC) for sexual harassment.
Pursuing a Pornography in the Workplace Claim in New York City
Employees in New York City exposed to workplace pornography might find it advantageous to file claims at the city or state level rather than federally. Federal regulations stipulate that sexual harassment must be either pervasive or severe for claims to be successful. In contrast, the New York State Human Rights Law and the New York City Human Rights Law do not require workers to demonstrate that the harassment was extreme or frequent enough to receive compensation from their employers.
New York State and City laws have removed the need for victims to prove the conduct was severe and pervasive. This enables workers to prove sexual harassment even for isolated incidents. Additionally, these laws protect employees from retaliation when they report workplace pornography, file a claim against their employer, or testify in another employee’s claim.
Recovering Compensation for Pornography in the Workplace
Employees facing a hostile work environment are entitled to file a complaint with either the New York State Division of Human Rights or the New York City Commission on Human Rights. They also have the option to submit a complaint with the New York State Supreme Court. Engaging an experienced attorney will greatly enhance your chances of obtaining compensation. An attorney can assist in collecting therapist notes, medical records, and testimonies from individuals who can attest to the detrimental physical or mental health impacts of your hostile workplace.
Possible remedies may include an injunction requiring the employer to stop the use of pornography in the workplace, reinstatement, and back pay encompassing wages, bonuses, and benefits. Employees may also be eligible for front pay and compensatory damages for their financial losses, attorneys’ fees and costs.
In some instances, punitive damages may apply. There is no cap on damages for emotional suffering when filing a claim with the New York City Commission on Human Rights. Lipsky Lowe will thoroughly investigate your case, collect evidence, and craft a compelling narrative that highlights the harm caused by exposure to pornographic content in your work environment.
Contact an Experienced Employment Attorney in New York
The attorneys at Lipsky Lowe understand how difficult it can be for workers to come forward and report sexual harassment in the workplace. Our compassionate attorneys will work with you to help you assert your legal rights, hold your employer accountable, and pursue the full compensation you deserve. Don’t hesitate to contact Lipsky Lowe to schedule a complimentary, no-obligation case evaluation.