Sexual harassment can include any unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct that creates an offensive or sexually charged work environment for employees of either gender. Sexual harassment can also exist between employees of the same sex.

It is essential that you understand that in order to be considered sexual harassment, the behavior must be knowingly unwelcome. If you are dealing with unwanted come-ons, lewd jokes or other sexual behavior at your work, you must make it clear to the harasser that you do not like the behavior and want it to stop. It is not enough just to ignore the behavior and hope that the harasser will lose interest. Not only is that method usually ineffective, but it could jeopardize your ability to take advantage of the legal protections available to you.

If you believe that you are being sexually harassed at work, you should know that laws exist to protect you from unlawful sexual harassment. The attorneys at Schwartz & Perry LLP would be pleased to meet and discuss your concerns with you. There is no charge for the initial consultation. Please feel free to call us at (212) 889-6565 or contact us online.

Schwartz & Perry LLP’s Landmark Sexual Harassment Cases

Our firm is in a unique position to offer counsel because of our particular experience handling sexual harassment cases. One of the first major lawsuits regarding sexual harassment in the United States was Thoreson v. Penthouse Magazine and Robert Guccione. We represented the Plaintiff, who, after trial, obtained an award that included punitive damages in the sum of $4 million. Although it was ultimately determined that punitive damages were not permitted under the New York State Human Rights Law, the case called attention to the need for punitive damages as a remedy in appropriate cases. The Thoreson case is an important case for a sexual harassment victim because it confirmed that sexual harassment can be proven on the victim’s testimony alone, which is usually all that exists when sexual harassment occurs.

As a response to the clear need for punitive damages in New York, the New York City Council enacted the New York City Human Rights Law. This law specifically provided for punitive damages where the circumstances warrant it. After the law was enacted, we represented the Plaintiff in Bracker v. Cohen, another significant sexual harassment case. In Bracker, the defendant challenged the New York City Human Rights Law as unconstitutional because State and Federal laws already existed to protect victims of discrimination in the workplace. Due to our efforts, the New York City Human Rights Law was declared constitutional.

We also represented the Plaintiff in the case of McIntyre v. Manhattan Ford, Lincoln Mercury, another sexual harassment case brought under the New York City Human Rights Law. After trial, the jury awarded the Plaintiff $6.6 million. Although the award was reduced on appeal, the amount of the ultimate award for a sexual harassment suit is still one of the highest in the country for a single Plaintiff.

Our involvement in these landmark cases, and the many other sexual harassment cases we have handled over the years, gives us a significant understanding of sexual harassment laws and the effect that sexual harassment can have on its victims. For more details about the landmark cases we have litigated, click here.