Where Should I File My Sexual Harassment Lawsuit – State Court, Federal Court, or New York City Court?
It depends on your claims, your goals, and your employer. Selecting the proper forum for a sexual harassment lawsuit is not simply a procedural decision – it is an important part of your litigation strategy. While federal court is often appropriate for Title VII claims, many New York employees have powerful rights under the New […]
What If My Employer Says I Consented to the Sexual Harassment or That It Was Just Friendly?
An employer’s assertion that workplace interactions were consensual, mutual, or friendly does not automatically defeat a sexual harassment claim. Courts focus on whether the alleged conduct was unwelcome, considering the totality of the circumstances rather than isolated messages or individual interactions. Friendly workplace relationships, prior personal relationships, nervous laughter, delayed objections, or efforts to remain […]
What If My Employer Had a Sexual Harassment Reporting Policy, but I Didn’t Follow It?
An employer’s sexual harassment reporting policy is important, but failing to follow it does not automatically prevent you from filing a lawsuit. Courts examine why the harassment was not reported, whether the employer nevertheless knew or should have known about the misconduct, whether the reporting policy was reasonable and accessible, who engaged in the harassment, […]
What If I Was Fired After Complaining About Sexual Harassment in New York?
Being Fired After Reporting Sexual Harassment May Be Illegal Retaliation Being fired after reporting sexual harassment may constitute unlawful retaliation under federal law, the New York State Human Rights Law, and the New York City Human Rights Law. Although employers may discipline or terminate employees for legitimate, non-retaliatory reasons, they may not punish an employee […]
Can I File a Complaint with the New York State Division of Human Rights Instead of Filing a Sexual Harassment Lawsuit?
Yes – But Choosing the New York State Division of Human Rights Instead of Court Is an Important Strategic Decision Employees in New York often have the option of filing a sexual harassment complaint with the New York State Division of Human Rights instead of filing a lawsuit. However, the two processes are fundamentally different, […]
Can I Sue My Employer for Sexual Harassment by a Co-Worker in New York?
In many cases, yes. Sexual harassment in the workplace is illegal under both federal and New York law, but when the alleged harasser is a co-worker rather than a supervisor, the rules around employer liability are somewhat different. If you are experiencing sexual harassment by a co-worker in New York, you may still have the […]
Do I Need a Lawyer to Sue for Sexual Harassment in New York?
You do not need a lawyer to sue for sexual harassment in New York, and you generally have the right to represent yourself. However, sexual harassment cases involve complex legal issues, strict filing deadlines, strategic forum selection choices, complicated evidentiary rules, settlement negotiations, and trial preparation. Because employers are almost always represented by experienced defense […]
What Damages Can I Recover in a Sexual Harassment Lawsuit in New York?
If you have experienced sexual harassment at work in New York, you may be entitled to recover substantial financial compensation and other legal remedies. Depending on the facts of your case, you may recover lost wages, emotional distress damages, punitive damages, attorney’s fees, and compensation for retaliation. The damages available will depend on the nature […]
What Counts as Sexual Harassment in New York?
Sexual harassment in New York encompasses a broad range of unwelcome conduct that creates a hostile work environment or results in adverse employment actions. It obviously includes overtly sexual conduct such as sexist comments, sexual assault, and requiring you to go on a date or engage in sexual activity to keep your job. It also […]