Our Award Winning New York Employment Lawyer has represented clients in sexual harassment matters. These types of cases can be emotionally difficult and selecting the right attorney is important. This post discusses some background issues but feel free to call our office to learn your rights in your specific situation and see if we can help you fight back.
Recent headlines involving Fox News and other companies have once again placed the topic of sexual harassment in the headlines. It is unfortunate that sexual harassment remains such a prevalent issue in the workplace. It was recently reported that over 60% of women in the advertising field were subject to sexual harassment at some point in their career. It is not acceptable for your workplace to be filled with terms and conditions of sexual harassment.
Some examples of sexual harassment include the following:
1. Quid Pro Quo: This occurs when an employer or prospective employer conditions a term or condition of employment on a sexual favor or other inappropriate basis. For example, it would be inappropriate for an employer to state, in sum or substance, ” I will give you the job or a raise if you date me.”
2. Hostile Work Environment: This occurs when sexual harassment makes your workplace environment intimidating, hostile, or offensive. This is the more common type of sexual harassment claim. The EEOC has provided the following guidance under federal law:
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:
• The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
• The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
• Unlawful harassment may occur without economic injury to, or discharge of, the victim.
The law and standards can vary depending on the size of your employer and the applicable law. For example, the New York City Human Rights Law applies to employers with four or more employees and has a lower standard for employees to meet in sexual harassment cases than the federal law.
How do you find the right sexual harassment lawyer for you? This is a personal decision for most people. Look for an attorney who is experienced in employment law matters and has successfully has represented clients in sexual harassment cases. Such an attorney may be a member of peer industry organizations or presented continuing legal education programs to other lawyers. Contact our office if you would like to discuss your specific situation and learn your rights and options.
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