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Schwartz Perry & Heller LLP Sexual Harassment

New York Sexual Harassment Attorney

Getting Justice for Victims of Workplace Sexual Harassment in NYC

If you believe you are the victim of sexual harassment in the workplace, you need the experienced representation of trusted sexual harassment lawyers in NYC to fight for your rights. The firm of Schwartz Perry & Heller LLP has been an advocate for employees in New York for decades. Our track record for success has not only resulted in numerous awards and accolades for our firm, but more importantly, justice for our clients who have suffered discrimination and harassment at the hands of their coworkers and employers.

If you believe that you have been the victim of sexual harassment in the workplace, call a sexual harassment lawyer in New York City at (646) 490-0221 or contact us online who can stand up for your rights.

What is Workplace Sexual Harassment?

Sexual harassment is a form of workplace discrimination and should be taken seriously. The state of New York defines sexual harassment as "any behavior that subjects an employee to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation."

Whether it was a co-worker, manager, or a non-employee such as a contractor, client, or vendor, creating a hostile work environment that impedes employee success or performance is considered unlawful sexual harassment.

Besides inappropriate advances, acts such as unwelcome verbal or physical behavior that creates a hostile work setting can also be categorized as sexual harassment, some examples of sexual harassment in the workplace are:

  • Exchanging inappropriate videos or pictures, such as vulgar gifs or pornography with co-workers
  • Suggestive emails, notes, or letters being exchanged
  • Having inappropriate posters or sexual imagery in the workplace
  • Discussing sexual material or sharing lewd jokes
  • Inappropriate sexual advances or gestures
  • Staring or whistling in an offensive or sexually suggestive manner
  • Comments about body parts, clothing, or appearance in a sexual manner
  • Inappropriately making contact with another person such as pinching, touching, patting, brushing up against, or rubbing
  • Asking someone invasive questions about their sexual orientation, sexual history, or any other sexual-related question
  • Making offensive comments about someone’s gender identity or sexual orientation

This is only a few examples of when sexual harassment occurs. At the end of the day, any words or actions with a sexual connotation that create an uncomfortable atmosphere or impede an employee’s ability to work is considered sexual harassment. Even another person who overhears the comment and gets affected by it falls under the same scope of sexual harassment.

Understanding the Different Types of Sexual Harassment

Sexual harassment in the workplace can take many forms, each with its own set of legal implications. At Schwartz Perry & Heller LLP, our New York sexual harassment attorneys are well-versed in the various types of workplace sexual harassment and can help you determine the best course of action based on your unique situation.

Types of sexual harassment in the workplace include:

  • Quid pro quo harassment: When someone in a position of power makes unwelcome sexual advances or requests in exchange for a job, promotion, or other employment benefit.
  • Hostile work environment harassment: When pervasive or severe sexual conduct creates a work environment that is intimidating, hostile, or offensive.
  • Sexual coercion: In this form, an individual uses pressure or manipulation to engage in unwanted sexual activities, making the victim feel powerless to refuse.

No matter what type of sexual harassment you have experienced, our dedicated advocacy team is here to help you seek justice and hold your employer accountable. Contact us today to schedule a free consultation and learn more about your legal options.

Can You Sue For Harassment in New York City?

Yes, in New York you have the right to sue for sexual harassment. Sexual Harassment of any kind in the workplace is strictly prohibited and victims have the right to take legal action. With help from an experienced New York sexual harassment attorney, you can file a lawsuit against your employer or the individual who specifically harassed you.

Reasons to File a Workplace Sexual Harassment Claim

Many incidents of workplace sexual harassment in New York go unreported. Sometimes the victim feels like reporting the harassment will make things worse. Othertimes, they feel like their claim will go unnoticed. However, not reporting workplace sexual harassment is a big mistake.

There are two primary reasons why you should pursue a claim if you were the victim of sexual harassment in the workplace:

  • Protect Yourself & Others - Someone who commits an act of sexual harassment has most likely done it before and will most likely continue to do it until they are stopped. If your employer has not taken action to put an end to the abuse, filing a claim may force their hand and expose the heinous acts so that you and your fellow employees can be safe.
  • Compensation for Damages - Punishing someone who commits sexual harassment is a good first step, but it’s not enough; victims deserve to be compensated for the harm they have suffered. With a sexual harassment claim, you can pursue such damages as back pay and front pay, medical and psychological treatment costs, mental anguish and pain and suffering, and even your legal fees.

Let our experienced sexual harassment attorneys in NYC fight for the justice you deserve.

Steps to Take if You've Experienced Sexual Harassment in New York City

If you have been a victim of sexual harassment in the workplace, it is important to take immediate action to protect your rights and seek justice. Here are the steps you can take:

  1. Document the incidents: Keep a detailed record of every instance of sexual harassment, including dates, times, locations, and any witnesses present. This documentation will be crucial evidence if you decide to pursue legal action.
  2. Report the harassment: Notify your supervisor, human resources department, or another designated authority within your organization about the harassment. Follow your company's procedures for reporting such incidents.
  3. Consult with an experienced attorney: It is essential to seek legal advice from a skilled sexual harassment attorney who can guide you through the process and protect your rights. They can provide you with an understanding of your legal options and help you decide the best course of action.
  4. Cooperate with investigations: If an internal investigation is conducted by your employer or an external agency, fully cooperate and provide any necessary information or evidence to support your claim.
  5. Consider filing a complaint: If your employer does not adequately address the harassment or if the harassment continues, you may want to file a formal complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights.
  6. Explore legal remedies: Depending on the circumstances, you may be eligible to pursue legal action against your harasser and/or your employer. An experienced attorney can help you navigate the legal process and seek compensation for damages, including lost wages, emotional distress, and attorney fees.

Remember, you are not alone in this fight. Our team of dedicated attorneys at Schwartz Perry & Heller LLP is here to support you every step of the way. Contact us today for a free consultation to discuss your case and learn how we can help you seek justice.

Myths About Sexual Harassment

Sexual harassment is not just a woman's problem. Male employees can be victims of sexual harassment as well. Employees may find themselves harassed by a supervisor, manager, CEO, fellow employer, or a non-employee of the opposite or same sex.

An employee can be a victim of sexual harassment whether he or she is directly harassed or is exposed to conduct in the workplace that he or she finds offensive. Even if the subject was not discharged, demoted, or otherwise directly affected as a result, they can have a valid sexual harassment claim if the conduct interfered with their work or led to a threatening or uncomfortable work environment.

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Dedicated Advocacy for New York Employees

From bold sexual advances to subtle remarks that generate a hostile or uncomfortable work environment, sexual harassment is a serious matter that can take on many different forms. Employees in the state of New York are protected from sexual harassment by federal and state laws, in addition to the New York City Human Rights Law.

At Schwartz Perry & Heller LLP, we understand how to defend you if you have been the victim of sexual harassment. Our attorneys have 110 years of combined legal experience. Our Martindale-Hubbell® AV® Peer Review Rated firm has a reputation for dedicated client advocacy and successful representation in sexual harassment cases in New York.

To request a consultation with an attorney from Schwartz Perry & Heller LLP, contact our New York office today. Call (646) 490-0221!

Commonly Asked Questions

What is the time limit for filing a sexual harassment claim?

In New York, you have three years from the date of the harassment to file a sexual harassment claim with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (DHR). However, it is advisable to file the claim as soon as possible to ensure that you do not miss any important deadlines.

Can I be retaliated against for filing a sexual harassment claim?

No. It is illegal for employers to retaliate against employees for filing a sexual harassment claim. If you experience any form of retaliation, such as being fired, demoted or harassed, you have the right to file a retaliation claim.

How much compensation can I receive for a sexual harassment claim?

The amount of compensation you can receive for a sexual harassment claim varies depending on the specific circumstances of your case. Some of the factors that are taken into consideration include the severity of the harassment, the duration of the harassment, the emotional and psychological impact of the harassment, and any financial losses you have suffered as a result of the harassment. An experienced sexual harassment attorney can evaluate your case and provide you with an estimate of the compensation you may be entitled to.

Can I file a sexual harassment claim against a non-employee of the company?

Yes. If you have been sexually harassed by a non-employee of the company, such as a client, vendor, or contractor, you may still have a valid sexual harassment claim. The employer has a responsibility to provide a safe and non-discriminatory work environment for all employees, including protection from harassment by non-employees.

What should I do if I witness sexual harassment in the workplace?

If you witness sexual harassment in the workplace, you should report it to your employer or HR department immediately. If you feel uncomfortable reporting it to your employer, you can report it to the EEOC or the DHR. It is important to take action to stop the harassment and protect the victim from further harm.

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