New York Sexual Harassment Lawyer | NYC & Long Island
New York Sexual Harassment Attorney for Workplace Sexual Harassment Claims
Sexual harassment in the workplace can be humiliating, intimidating, and damaging to your career. Unwanted sexual advances, inappropriate touching, sexual comments, requests for sexual favors, sexually explicit messages, gender-based harassment, and other unwelcome conduct may violate federal, New York State, or New York City law.
The Law Office of Joseph Kilada represents clients in sexual harassment, gender discrimination, hostile work environment, retaliation, and other employment-law matters. Depending on the circumstances, a sexual harassment claim may arise under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL).
As a New York employment attorney, Joseph Kilada represents clients throughout New York City, Long Island, Nassau County, Suffolk County, and Westchester County in employment disputes involving workplace harassment and discrimination.
Sexual harassment can be committed by a supervisor, manager, coworker, subordinate, customer, client, contractor, vendor, or another person connected with the workplace. Both men and women can be victims, and sexual harassment can occur between people of the same sex.
If you believe you have experienced workplace sexual harassment, a New York sexual harassment lawyer can evaluate the circumstances, identify potentially applicable laws, and explain your legal options.
What Is Sexual Harassment in the Workplace?
Sexual harassment is a form of sex discrimination. It can include unwelcome sexual advances, requests for sexual favors, sexually explicit statements, unwanted physical contact, sexual jokes or comments, and other verbal or physical conduct based on sex.
Examples may include:
- Unwanted sexual advances or requests for sexual favors;
- Unwanted kissing, touching, grabbing, or other physical contact;
- Sexual jokes, comments, gestures, or conversations;
- Comments about an employee’s body or appearance;
- Sexually explicit emails, texts, photographs, or other communications;
- Displaying sexually explicit material at work;
- Repeated unwanted requests for dates or sexual relationships;
- Conditioning a promotion, raise, assignment, or other employment benefit on sexual conduct;
- Threatening or punishing an employee for rejecting sexual advances; and
- Gender-based insults, stereotypes, or degrading comments.
Sexual harassment does not necessarily require an explicit sexual proposition. The particular conduct and the law applicable to the circumstances must be evaluated.
Quid Pro Quo Sexual Harassment
Quid pro quo sexual harassment can occur when an employee’s job, compensation, promotion, assignment, or another employment benefit is conditioned on submitting to unwelcome sexual conduct.
For example, a supervisor may offer a promotion or favorable assignment in exchange for a date or sexual relationship. Conversely, a supervisor may threaten to fire, demote, discipline, or otherwise disadvantage an employee who rejects sexual advances.
Hostile Work Environment Sexual Harassment
Sexual harassment can also involve conduct that creates an offensive, intimidating, or hostile work environment.
Examples may include repeated sexual comments or jokes, unwanted touching, sexually explicit communications, sexualized images, comments about an employee’s body, gender-based insults, or repeated unwanted propositions.
The applicable legal standard depends on the law involved. Federal, New York State, and New York City laws are not identical.
New York Sexual Harassment Laws
New York State Sexual Harassment Law
The New York State Human Rights Law (NYSHRL) provides significant protections against workplace sexual harassment throughout New York. New York State law does not require workplace harassment to satisfy the traditional federal “severe or pervasive” standard. The conduct must nevertheless rise above petty slights or trivial inconveniences and subject an individual to inferior terms, conditions, or privileges of employment because of a protected characteristic.
New York City Sexual Harassment Law
Employees in New York City may also be protected by the New York City Human Rights Law (NYCHRL). The NYCHRL provides broad protections against gender discrimination and harassment and is interpreted independently from federal and New York State law.
These distinctions can be important when evaluating a sexual harassment claim in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island.
Sexual Harassment by Supervisors, Coworkers, and Third Parties
A sexual harassment claim does not necessarily involve a supervisor. Harassment may be committed by a coworker, subordinate, customer, client, contractor, vendor, or another third party.
Whether an employer can be held responsible depends on the circumstances, including what the employer knew or should have known and how it responded. New York law also provides protections to certain individuals who provide services in the workplace.
Sexual Harassment and Retaliation
Employees sometimes fear retaliation after reporting sexual harassment. Retaliation for protected activity can constitute a separate legal violation.
Protected activity may include opposing unlawful discrimination or harassment, complaining to Human Resources or management, participating in an investigation, or filing an administrative charge.
Potential retaliation can include:
- Termination or demotion;
- Discipline;
- Reduced hours or compensation;
- Undesirable assignments;
- Increased scrutiny;
- Loss of employment opportunities; or
- Other adverse treatment.
If your treatment changed after you complained about sexual harassment, both the underlying harassment and the subsequent conduct should be evaluated.
Evidence in a Sexual Harassment Case
Potentially important evidence can include:
- Text messages and emails;
- Workplace communications;
- Photographs or videos;
- Witness testimony;
- Performance evaluations;
- Disciplinary records;
- Written complaints;
- Personnel records; and
- Evidence of retaliation or changes in treatment after a complaint.
A contemporaneous record can also be helpful. Consider documenting dates, locations, what was said or done, witnesses, complaints made to management or HR, and how the employer responded.
Only retain documents and communications you are legally authorized to possess. Do not improperly remove confidential company information.
Sexual Harassment Filing Deadlines in New York
Sexual harassment claims can have different filing deadlines depending on the applicable law, employer, type of claim, and forum.
For covered Title VII sex-discrimination claims in New York, the EEOC currently identifies a 300-day period for filing a charge against a covered employer in qualifying circumstances.
New York State generally provides a three-year period for covered sexual harassment complaints.
For complaints filed with the NYC Commission on Human Rights, the general period is one year, but the period is three years for gender-based harassment. Different deadlines can apply to court actions and other claims.
Because missing a filing deadline can affect your legal rights, prompt legal advice is important.
Sexual Harassment in New York City and Long Island
The Law Office of Joseph Kilada represents clients in employment matters throughout New York City and Long Island, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, and Westchester County.
The laws that apply can depend on where you work, the employer, the conduct involved, and the forum in which a claim is pursued.
Frequently Asked Questions
Potentially. The answer depends on the applicable law and circumstances. New York State law does not require workplace harassment to satisfy the traditional federal “severe or pervasive” standard.
Yes. Sexual harassment can be committed by coworkers, supervisors, customers, clients, contractors, and other third parties. Employer responsibility depends on the circumstances.
Yes. Sexual harassment protections apply regardless of the sex of the victim or harasser, including same-sex harassment.
Retaliation for reporting sexual harassment or otherwise engaging in protected activity can constitute a separate legal claim. Termination, discipline, demotion, increased scrutiny, or other adverse treatment after a complaint should be evaluated carefully.
Contact a New York Sexual Harassment Lawyer
If you believe you have experienced workplace sexual harassment, unwanted sexual conduct, gender-based harassment, a hostile work environment, or retaliation, you do not have to determine the merits of your potential claim on your own.
The Law Office of Joseph Kilada represents clients in sexual harassment, gender discrimination, workplace harassment, retaliation, hostile work environment, Title VII, and other employment-law matters throughout New York City, Nassau County, Suffolk County, Long Island, and Westchester County.
As a New York employment attorney, Joseph Kilada can review the circumstances of your case, identify potentially applicable federal and New York laws, and discuss your legal options.