New York City sex harassment lawyers know how difficult life becomes when you are a victim of sexual harassment. We see cases involving workplace harassment in New York City every day. At Leeds Brown, our attorneys understand the emotional and physical effects that sexual harassment has on men and women alike.
It takes a lot of courage to try and put a stop to behavior that makes you feel uncomfortable or unsafe at work. You may not know where to go for help, especially if you are being victimized by a superior. You may not understand the proper procedures to follow. Even if you do, there may be many reasons to worry. Is the behavior unlawful? Will the harassment get worse if I report it? Will I be transferred or fired?
These concerns are valid ones. Many employers do, in fact, “punish” or “retaliate” against employees for reporting or trying to stop discrimination and harassment in the workplace. The Equal Employment Opportunity Commission reported that there were nearly 32,000 claims filed in 2015 for retaliation under Title VII. Retaliation of this kind is unlawful.
New York City sex harassment attorneys at Leeds Brown have a deep understanding of sexual harassment laws and the recourse that may be available to victims. If you have experienced any form of retaliation from your employer because of your actions to end sexual harassment, you may be eligible to receive monetary damages. Speak with harassment attorneys at Leeds Brown to learn more about your rights.
Sexual harassment occurs in one of two ways:
Quid Pro Quo – This type of sex harassment occurs when a person in a supervisory or managerial role makes a sexual demand or requests a sexual favor from an employee. The supervisor typically conditions some aspect of the individual’s employment on the refusal or acceptance of the demand. For example, the supervisor might say:
For there to be quid pro quo sexual harassment, the harasser must be in a position of authority over the victim and have the ability or the appearance of being able to impact their employment.
Hostile Work Environment – This type of sex harassment occurs when the ongoing behavior in the workplace makes it uncomfortable or unsafe for the victim. It creates a hostile environment. A hostile environment may result from the repeated telling of sexually charged jokes and stories, physically restraining someone, inappropriate touching, unwanted touching or hugging, repeated propositions or the sending of inappropriate pictures or messages.
Hostile environment sexual harassment can be perpetrated by co-workers, subordinates or supervisors. For example:
If you experience sexual harassment in the workplace, there is much at stake for you to consider when deciding what to do about it. The biggest fear that most workers have is retaliation. Retaliation occurs when an employer punishes an employee for reporting harassment, cooperating in an investigation of sexual harassment or for trying to protest harassment.
It is unlawful for an employer to retaliate against an employee for asserting their rights to a harassment-free workplace. If an employee reports the behavior to the human resources department, a supervisor or an administrative agency, the employer is not permitted to take adverse action against the employee.
Retaliation can occur in many different ways. If you reported New York City sexual harassment, and your employer did any of the following, you may be able to collect damages for retaliation:
Sometimes, the determination is made that there is no merit to an employee’s sexual harassment claim. When this happens, it is the retaliation that often forms the basis of a cause of action against the employer.
If you have experienced an act of retaliation at work, consider reporting it immediately to someone in the company.
For example, if your boss was sexually harassing you and after you complained about it to your human resources representative demoted you, you may want to inform someone right away. You can notify the human resources department or any company party you complained to in the first place.
If you filed an EEOC or New York State Division of Human Rights charge alleging sexual harassment and were fired shortly after that despite years of positive reviews, you should promptly notify the agency or your attorney and have someone add the retaliation to your administrative charge or claim.
Having the right New York City sexual harassment attorney can help with your sex harassment and retaliation claims. The attorneys at Leeds Brown can help determine the best way for you to proceed if you have been the victim of unlawful workplace retaliation. We have the experience and dedication to pursue a fair resolution with your employer if that is your objective. We can also assist you with your EEOC charge and help guide you through an investigation and lawsuit.
Leeds Brown is the New York City sex harassment law firm that is leading the way in recovering monetary damages for victims of retaliation. We have an excellent track record of obtaining successful outcomes for our clients. Each case is different, and we cannot guarantee results, but our team-based approach means that your matter will get the hands-on attention it deserves.
Contact Leeds Brown, share the facts of your case, and allow us to help determine if you have a cause of action for unlawful retaliation.
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