SEXUAL HARASSMENT LAW

Sexual harassment continues to be one of the most prevalent forms of employment discrimination. Both federal and state governments have provided a substantial remedy to you if you have been subjected to such abuse. The New York sexual harassment attorneys at The Law Office of Alan Stein PC will take every step necessary to maximize your award.

The claim of sexual harassment can take two forms. The first is that you have been subjected to a hostile environment because of conduct exhibited by your colleagues or supervisors to such an extent that it creates an abusive working environment. You need not prove an economic loss, such as failure to secure pay raises, to be successful. The New York courts have held that the legal requirement for a sexual harassment claim is whether the sexual conduct was unwelcome by you. The fact that you were forced to engage in a sexual activity of course would be considered unwelcome, but there are other instances when you have participated willingly, for perhaps fear of reprisal, that nevertheless will be considered unwelcome and permit you to seek money damages.

The second form of sexual harassment is known as quid pro quo, which requires an economic loss to be occasioned before your complaint can succeed. These losses may include firing, a failure to receive a raise or promotion, or other direct loss of remuneration in the work place.

Once a hostile environment is alleged, no economic loss is necessary. Additionally, in order to succeed, it is unnecessary to prove that you have been psychologically damaged by such conduct. All that is necessary is that you have perceived your workplace to be hostile and/or abusive. Recent court decisions have made it far easier to achieve success in the courtroom. It is very important that you retain a qualified and experienced sexual harassment lawyer that will represent you and put your needs first.

The attorneys at the Law Office of Alan C. Stein, PC handle sexual harassment claims throughout the state of New York including Long Island, Suffolk County, Nassau County, Queens, Manhattan, and New York City. Please call our office today to speak with one of our attorneys who can help you with your case.

A determination on the allegations is made from the facts on a case-by-case basis. Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

OVERVIEW

There Are Two Types Of Sexual Harassment

Quid Pro Quo

A Latin phrase, involves the loss of some employment related benefit such as a promotion or raise for failure to submit to improper and usually sexually related favors. For example, a supervisor might tell you, If you don’t go out with me you will not be considered for a promotion or get a raise.

Hostile Work Environment

Involves being subjected to conduct at your workplace including but not limited to unsolicited and unwelcome sexually suggestive innuendos, jokes, comments, materials, teasing or unwanted physical touching. Sexual harassment includes same sex� participants, i.e. male with male or female with female. If you have been subjected to conduct which you believe constitutes sexual harassment in either of its forms, contact our office by e-mail or phone for a complimentary consultation to discuss your full rights and options.

What Is Sexual Harassment?

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. Sexual harassment can occur in a variety of circumstances, including but not limited to the following

  • The victim as well as the harasser may be a woman or a man.
  • The victim does not have to be of the opposite sex.
  • The harasser can be the victim’s, supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

The harasser’s conduct must be unwelcome.

It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available. When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred.