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Workplace Harassment in New York

Mohammed Gangat • August 31, 2023

Workplace harassment is a serious issue that affects many employees in New York. It can take many forms, including physical, emotional, and sexual harassment. Unfortunately, many workers are hesitant to speak up about harassment when it occurs, leaving them feeling powerless and vulnerable to ongoing abuse. As a resident of New York, it's important to familiarize yourself with the state's laws regarding harassment and to understand what rights you have as an employee.


Types of Workplace Harassment

Harassment can come in different forms, and it's essential to recognize what behaviors are considered harassment in the workplace. Physical harassment can include any physical contact that makes an employee feel uncomfortable or threatened, such as hitting, pushing, or shoving. Emotional harassment includes behaviors that attack an employee's self-esteem or emotional well-being, such as bullying, threats, or belittling. Sexual harassment is any behavior that is sexual in nature and is unwelcome, such as inappropriate touching, comments, or gestures.


Legal Consequences

New York is one of the few states with strict laws against workplace harassment. If you are a resident of New York, there are several legal avenues you can pursue if you have experienced harassment in the workplace. For instance, an employee can file a complaint with the Equal Employment Opportunity Commission (EEOC). Alternatively, an employee can file a civil lawsuit against his or her employer if the harassment occurs in the workplace. In such cases, courts can award workers compensation, covering lost wages and damages.


Prevention Measures

Employers are responsible for maintaining a workplace that is free from harassment, and there are several measures they can take to prevent harassment. For instance, employers can develop training programs for employees to help them recognize and avoid harassment, set up reporting systems for employees to report harassment, and create policies that prohibit harassing behavior. Employers who fail to take proactive steps to prevent or address harassment in the workplace can be held liable for any harm caused to their employees.


What You Can Do

If you are experiencing harassment in the workplace, it's essential to speak up and seek help. Documenting every incidence of harassment can help provide legal evidence in the event you decide to file a complaint or lawsuit against an employer. Employers are prohibited from retaliating against employees who have filed harassment complaints or claims, so you should not hesitate to speak up about it. By standing up for your rights, you can help prevent others from experiencing similar forms of harassment.


Harassment is a sensitive and difficult topic to address, but it's essential to understand the laws and regulations in place to prevent it from happening. In New York, workplace harassment is illegal, and employees have the right to seek legal redress if they are subjected to harassing behaviors. As a resident of New York, educating yourself about your rights and the measures you can take to prevent, report, or address harassment in the workplace is a crucial first step to creating a safer, healthier work environment for everyone.


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Protection for Non-Employees The state’s sexual harassment laws also extend to non-employees, such as contractors, interns, and freelancers, who are protected from harassment by both the employer and employees. Prohibition of Non-Disclosure Agreements (NDAs) Employers cannot require employees to sign non-disclosure agreements as a condition of employment if it prevents them from discussing claims of sexual harassment. NDAs in settlement agreements are permitted only if it is the employee’s preference. Mandatory Training Requirements New York requires employers to provide annual anti-sexual harassment training to all employees. The training must cover what constitutes sexual harassment, the remedies available to victims, and the rights of employees under state and federal law. What to Do If You Are Experiencing Sexual Harassment at Work If you are being harassed at work, it’s essential to take action to protect your rights. 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