NYC Sexual Harassment Lawyer

Sexual harassment at work is not only upsetting and stressful but can also impact your job performance and career progression. You have the right to be free from sexual harassment in the workplace. Our NYC sexual harassment lawyer can help you understand your rights and options.

You could be entitled to compensatory damages for lost earnings, emotional distress, denial of promotion or raises, punitive damages to punish the wrongdoer, and reimbursement of legal expenses. You may also be entitled to an injunction or court order protecting you from future harassment and retaliation.

The Howley Law Firm has decades of experience representing individuals affected by workplace sexual harassment in New York. Our employment litigation lawyers have fought to protect the rights of employees, executives, professionals, domestic workers, and college students. Contact us now at (212) 601-2728 for a free consultation to determine your next best steps.

What is Sexual Harassment?

Sexual harassment in the workplace is a form of sex discrimination. It can include many different types of unwelcome or offensive behavior directed at you because of your sex.

The law recognizes two forms of sexual harassment:

1. Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment occurs when your employment or advancement is conditioned on unwelcome sexual advances. For example, quid pro quo sexual harassment happens when a supervisor refuses to promote you unless you agree to go out on a date. Other examples of quid pro quo sexual harassment include:

• Telling you that getting a promotion depends on you sleeping with the boss.
• Insisting that you go out to dinner if you want a better work assignment.
• Implying that getting a raise is dependent on your submission to sexual conduct.
• Suggesting that you will not receive a letter of recommendation if you refuse to go out on a date.
• Insinuating that your employment, wages, or promotional opportunities will be negatively affected if you turn down sexual advances.

2. Hostile Work Environment

A hostile work environment occurs when the unwelcome conduct is severe and affects your work environment, significantly interferes with your performance, and creates an intimidating or offensive environment. A hostile work environment usually requires a pattern of offensive conduct over a time period. However, in certain circumstances, one severe incident may qualify for a compensation claim.

It is vital to note that the harassment does not have to be sexual in nature but must be directed at you because of your sex. This can include a supervisor who belittles or ridicules women. Other examples of a hostile work environment include:

• Frequent and inappropriate leering, staring, or looking you up and down
• Sexual jokes, gestures, and offensive remarks
• Asking about your sexual preferences, fantasies, or activities
• Unwanted physical contact such as hugging, rubbing, or touching
• Comments about your appearance and dress
• Sexual phone calls, text messages, or emails
• Repeatedly asking for a date after you have expressed disinterest

You don’t have to stand for this unacceptable workplace behavior. However, proving a hostile work environment can be challenging. A NYC sexual harassment lawyer at The Howley Law Firm can help establish sexual harassment and move forward with your case.

The Effects of Workplace Sexual Harassment on Victims

Workplace sexual harassment can pervade your life and significantly affect your mental health, job performance, and career.

Potential Health Effects

If you experience sexual harassment on an ongoing basis, you could develop symptoms due to high levels of stress:

• Anxiety and depression
• Headaches
• Trouble sleeping

Employees subjected to repeated sexual harassment at work may feel embarrassed, isolated, and helpless.

Productivity

The emotional turmoil and physical symptoms resulting from workplace sexual harassment, such as anxiety and insomnia, can impact your productivity on the job. In some cases, repeated harassment could lead to job loss.

Employees suffering from sexual harassment could see their lives turned upside down, with impacts on personal relationships, health, and overall quality of life. However, if you or a loved one is suffering from a toxic work environment, you don’t have to suffer in silence.  You could sue for sexual harassment. Our New York workplace sexual harassment lawyers can clarify your legal options.

When Is My Employer Legally Responsible for Sexual Harassment?

An employer is legally responsible if the harasser was your supervisor—a person with authority to hire you, fire you, cut your pay, etc. The fact that senior management did not know about the harassment does not make the company any less responsible for your supervisor’s conduct.

If the harasser is a co-worker, contractor, client, or customer, your employer is liable only if management knew or should have known about the harassment and did not take immediate and appropriate corrective action. This is why it is important to file a formal sexual harassment complaint with your employer.

Your Next Best Steps When Facing Sexual Harassment at Work

According to the NYC Human Rights Law, sexual harassment is illegal. If you are the victim of sexual harassment at work, you could hold an employer accountable and recover damages. However, you may need to file a complaint with a government agency before suing an employer. Here are your next best steps:

• Report Sexual Harassment to Your Employer. Follow your workplace’s complaints procedure and keep copies of any reports. Reporting harassment to your employer provides you with evidence and protects your legal rights, as an employer cannot claim they were unaware of the sexual harassment.

• File a Claim with the Relevant Government Agency. You can file an administrative charge with the S. Equal Employment Opportunity Commission (EEOC) or a complaint with the New York State Division of Human Rights (DHR). Once you receive a “Right to Sue” letter, you can move forward and bring a lawsuit against your employer.

• File a Sexual Harassment Lawsuit. A New York workplace sexual harassment lawyer can prepare your lawsuit and gather the necessary evidence to build your case. Hiring an employment attorney promptly when you experience sexual harassment at work in NYC can give you the best chance of recovering the compensation you deserve.

• Seek Help and Support. Dealing with ongoing sexual harassment at work can be emotionally and mentally taxing, impacting not only your career but also your home life. Reaching out to friends, family, or a support group for emotional support can help you through this upsetting time. You may also consider counseling or therapy.

Types of Compensation Available for Sexual Harassment

Compensation will depend on the specifics of your case and your damages. However, as a victim of sexual harassment in New York, you could be entitled to the following compensation:

• Economic Damages. You could qualify for compensation for any financial losses directly related to the sexual harassment, such as lost wages, reduced earning capacity, denials of promotions and raises, or out-of-pocket expenses for medical treatment or therapy.

• Non-Economic Damages. Victims may also receive damages for non-financial losses due to sexual harassment, such as emotional distress.

• Punitive Damages. If the sexual harassment at work was particularly egregious or intentional, victims may recover punitive damages. These damages are designed to punish the perpetrator and deter similar misconduct in the future.

• Attorney’s Fees and Legal Costs. If you prevail in a sexual harassment lawsuit, you could be entitled to have your attorney’s fees and legal costs reimbursed by the defendant.

In addition to such damages, you may also be entitled to an injunction or court order restoring you to a prior position, giving you a promotion or raise going forward, and protecting you from future harassment or retaliation.

A NYC sexual harassment lawyer at The Howley Law Firm can advise you on your rights, options, and the compensation you could recover.

How a NYC Sexual Harassment Lawyer Can Help

Proving a sexual harassment case can be complicated. You must comply with specific sexual harassment laws, procedural rules, and time deadlines. You also must develop and present your proof of harassment in compliance with the rules of evidence.

An experienced sexual harassment attorney in NYC can ensure that you meet all of these requirements and present the strongest possible case. Here’s how we can help:

• Leveling the Playing Field. Employers have their own teams of lawyers ready to fight your claim. An experienced attorney can level the playing field and argue your case convincingly. Moreover, administrative agencies and judges often take a case more seriously if you have experienced legal representation.

• Giving You the Best Chance to Recover Maximum Compensation. A seasoned sexual harassment workplace lawyer in NYC knows how to negotiate with insurance companies and employers and can expertly present your case in court. This may result in a higher settlement offer or jury verdict.

• Working for You on a No-Win, No-Fee Basis: If you have a strong sexual harassment claim, The Howley Law Firm will represent you on a contingency fee basis. In other words, you will not pay us any legal fees unless you win.

• Reducing stress: Having an experienced attorney on your side can significantly reduce the stress of filing a legal claim and fighting for your rights.

Get started now and give us a call at (212) 601-2728 to discuss your case in confidence with an experienced, compassionate attorney who can help you understand your rights and options. We can connect you with a sexual harassment lawyer who will stand by your side.

FAQs – Ask a NYC Sexual Harassment Lawyer

Should I report the sexual harassment to my employer?

The answer is almost always yes. Most employers have a formal process for filing sexual harassment complaints. You should take advantage of those procedures. Your employer is required by law to investigate your complaint and take corrective action. In many cases, the employer will take action to stop the harassment.

Filing a formal complaint creates a record that will help protect your legal rights. Your formal complaint helps to prove that the harassment was real and the dates when it happened. Filing a formal complaint helps to protect you from retaliation. If you are afraid to file a formal complaint with your employer, consult with an attorney promptly to protect your rights.

A NYC sexual harassment attorney can help you gather evidence and present the strongest possible case. Having an attorney on your side will also give you the strength and confidence to stand up to the harasser. To schedule a free and confidential consultation with an experienced sexual harassment attorney at The Howley Law Firm, call us at (212) 601-2728.

Can you get compensation for harassment?

In New York, it is unlawful to discriminate against someone due to their sex. This can include sexual harassment, and if experienced at work, the victim might be eligible for damages.

To prove that you were sexually harassed, you will need to show that the behavior was unwelcome and that it created a hostile or offensive work environment. You will also need to show that the harassment was based on your sex. This can be done by showing that the harasser made comments or gestures of a sexual nature or that they engaged in unwanted physical conduct.

Is it better to hire a local attorney for a workplace sexual harassment case?

Yes, it is always recommended that you hire a local attorney who is familiar with the laws and courts in the area. Typically, a local lawyer will have access to resources that could be helpful to your case. Here are some crucial reasons for hiring a local NYC sexual harassment lawyer:

• Familiarity with state laws and local government agencies
• Understanding of local NYC courts and procedures
• Familiarity with local judges and court staff
• Accessibility for in-person meetings and court hearings
• Knowledge of local resources such as support and advocacy groups
• Networks with local expert witnesses that may strengthen your case

In addition, local attorneys are typically invested in their communities and go above and beyond to support and empower local clients.

How long does a sexual harassment claim take?

There is no average time for a sexual harassment claim. The duration of your claim can vary depending on the complexity of the case, the legal process involved, and the willingness of the employer to settle. If your case goes to trial, it could take significantly longer than if it is resolved in an out-of-court settlement.

The best way to determine how long your claim may take is to speak to a NYC sexual harassment lawyer who can assess your circumstances and determine your legal options.