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Experiencing sexual harassment at work can be demeaning, draining, and traumatic. Unfortunately, harassment happens all too often in the workplace — to both men and women — and it can be difficult and overwhelming to know how to handle it properly. However, you have the right to a safe workspace.
If you’re experiencing sexual harassment in New York, know that there are several things you can do to stop it. Learn more below about what sexual harassment is and what your options are for dealing with it internally and/or legally.
Under Title VII of the Civil Rights Act of 1964, sexual harassment is defined as a form of illegal sex discrimination. In the workplace, sexual harassment may look like this:
If these actions interfere with a person’s ability to work, affect a person's employment, or create a hostile or negative work environment, they are considered harassment.
Sexual harassment cases in New York and around the U.S. often fall into one of two categories:
1. Quid pro quo
In English, the Latin phrase quid pro quo translates to “this for that.” This type of sexual harassment occurs when the harasser implicitly or explicitly requests sexual favors in return for employment or employment opportunities such as raises, bonuses, promotions, or even positive performance reviews.
2. Hostile work environment
A “something for something” proposition is not the only form of sexual harassment in the workplace. Any unwelcome sexual conduct that creates an unsafe, intimidating, offensive, or abusive work environment can be considered sexual harassment.
A hostile work environment usually involves small, ongoing offenses that continue over weeks and months but can also be caused by a single significant event. Repeated inappropriate jokes and comments, innuendos, the display of explicit images or materials — all of these and more can create a hostile work environment and be considered harassment.
What is not considered sexual harassment? While the law doesn’t strictly define which behaviors and frequencies constitute harassment, most unwanted or sustained sexist or sexual behaviors fall under the sexual harassment category. Consensual relationships and incidents, or single and trivial behaviors or comments are not usually considered illegal.
If you’re experiencing sexual harassment in the workplace, it’s important to understand that you have certain rights and protections. Federal law protects both public and private employees in companies with over 15 personnel. Most cities and states have additional anti-discrimination laws that further protect employees.
Regardless of where you’re working, there are several things you should do if you’re being sexually harassed at work.
Begin keeping a record of comments, events, and incidents — this can help you if you decide to report the harassment to HR or if you decide to involve a lawyer. Even if you aren’t sure what you’ll do regarding the harassment, documentation never hurts.
Keep your notes in a safe place outside of the office, and be as detailed as possible. You may wish to record:
This step is optional and should only be done if you feel safe and comfortable confronting your harasser. Confrontation can sometimes stop the harassment; showing that you attempted to resolve the issue is also helpful if you do decide to involve the law later on.
Here are a few tips for confronting a harasser:
Take the time to read up on your company’s sexual harassment policies and procedures. These instructions should let you know who to contact about ongoing harassment.
You may choose to report the harassment to your boss or HR. If you do, be sure to leave a paper trail alongside any verbal reports of sexual harassment. This may be anything from a formal complaint letter to a simple follow-up email.
If you are being sexually harassed at work, it can be difficult to know what to do. Every harassment situation is different; seeking legal aid early on may help you find the right path for you — especially if your company is not working to protect your interests and safety.
If you are experiencing sexual harassment at work and are ready to fight back LAWYERFORWORKERS
at New York
is here to help you. Reach out to us to speak to a professional employment attorney who can help you with your case. Call or email today to learn more.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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