Can My Employer Retaliate Against Me if I Complain About Sexual Harassment in New York?
No – Retaliation Is Illegal Under Federal, State, and City Law, and Can Support a Claim of Its Own Employees in New York who experience sexual harassment often hesitate to speak up because they fear retaliation from their employer. That concern is understandable, but the law is clear: it is illegal for an employer to […]
Can I Sue for Sexual Harassment If I Quit My Job in New York?
Yes. Quitting Your Job Does Not Automatically Prevent You From Bringing a Sexual Harassment Lawsuit. Resigning from your job does not automatically prevent you from suing for sexual harassment. Many employees have valid legal claims after leaving a hostile work environment, particularly where the employer failed to stop the harassment or retaliated after complaints were […]
Can I Keep My Sexual Harassment Lawsuit Confidential or My Settlement Private in New York?
Sometimes – But Different Parts of a Sexual Harassment Case Are Governed by Different Confidentiality Rules Employees may be able to keep certain aspects of a sexual harassment case confidential, but court litigation is generally a matter of public record, and courts do not automatically seal sexual harassment cases. Many disputes are resolved through confidential […]
Can I Get Punitive Damages for Sexual Harassment in New York?
Yes – But Punitive Damages Are Reserved for Cases Involving Malice, Recklessness, or Intentional Wrongdoing Employees who win sexual harassment lawsuits in New York often want to know whether they can recover more than just compensation for their financial and emotional losses. In many cases, the answer is yes: employees may be able to recover […]
How Do I Know if Sexual Harassment Is Severe or Pervasive Enough for a Federal Case in New York?
The Answer Depends on the Nature of the Conduct, How Often It Happened, and the Effect It Had on Your Job Employees who have experienced unwanted, sex-based conduct at work often wonder whether what happened to them is serious enough to support a legal claim. Under federal law, sexual harassment is generally actionable when it […]
Do I Need to Prove the Sexual Harassment Was “Severe or Pervasive” in Order to Win My Case in New York?
No – New York Law Uses a Lower Standard Than Federal Law, Giving Employees Broader Protection Employees who have experienced workplace sexual harassment often assume that unless the conduct was extreme or constant, they have no case. That assumption is often wrong. In many New York sexual harassment cases, employees no longer need to prove […]
Do I Have to Report Sexual Harassment to Human Resources Before Taking Legal Action in New York?
It Depends on Who the Harasser Is – But Reporting Is Almost Always the Right Strategic Move Employees who have experienced workplace sexual harassment often assume there is a single, universal rule requiring them to report the conduct to HR before they can take legal action. In reality, whether reporting is legally required depends on […]
What Evidence Do I Need to Prove Sexual Harassment in New York?
You Do Not Need a “Smoking Gun” to Win a Sexual Harassment Case You do not need an audio recording, eyewitness, or written confession to prove sexual harassment. Many successful cases are established through a combination of credible testimony, contemporaneous notes, electronic communications, witness testimony, employment records, internal complaints, evidence of retaliation, and other circumstantial […]
Will My Sexual Harassment Case Go to Trial or Settle in New York?
Most sexual harassment lawsuits are resolved through settlement rather than trial, but no attorney can guarantee that a particular case will settle. The likelihood of settlement depends on the strength of the evidence, the legal issues involved, the employer’s willingness to negotiate, and the parties’ litigation strategies. The cases that often produce the strongest settlements […]