Sexual Harassment Lawyers In New York City

No. Sexual harassment comments or behavior still count as harassment even if the statements are not aimed at you specifically.

So, if you are a woman, or a trans person who hears a group of colleagues making offensive statements about women or trans people in general, that kind of sexist behavior could still be considered actionable “harassment,” even though the coworkers are not speaking to or about you specifically. It is still illegal discriminatory harassment, and you should feel free to contact a sex harassment attorney if you have questions about such conduct.

Sexual harassment conduct is illegal when it is so frequent or severe that it creates a hostile or offensive work environment, and/or when it results in an adverse employment action, such as failure to hire or promote, or when an employee is terminated thereafter.

Many types of sexual harassment do not need to be repeated or going. For instance, if an employee is groped, a single instance will be considered sexual harassment.

If you are unsure if you have been subjected to illegal workplace sexual harassment, we invite you to call our office to schedule a free consultation with an experienced NYC sexual harassment lawyer. We can listen to the facts of your case, determine whether you may have a valid claim, and explain your legal options for seeking justice and maximum compensation.

Depending upon the circumstances, you should notify the person committing the harassment that their conduct is unwelcome.  If this does not stop the wrongful conduct, then you should report the conduct to HR or to other senior management if there is no HR department.

For a detailed list of step-by-step suggestions, please see our page on What Should I Do if I’m Being Sexually Harassed at Work? 

Yes. Your company has a duty to ensure that you are free from workplace sexual harassment, including sexual harassment from clients and customers.

You should take the same actions as you would if you are being harassed by another employee; namely notifying HR as a starting point.

No. The harasser can be a supervisor, a co-worker or someone who is not an employee, such as a client or customer.

For wrongful behavior to be considered sexual harassment, it only matters what you, the person who is suffering the harassment, thinks about it.

It does not matter if the harasser thinks it’s not harassment, or it’s harmless, not sexual, or welcomed by you (e.g., the harasser thinks that you “like” it). It’s still harassment if the behavior is unwelcome or you find the conduct offensive.

Yes, it is still sexual harassment even if you don’t immediately say something to let the person know that what they are saying or doing is inappropriate and makes you feel uncomfortable.

For example, you might accept a sudden hug because you’re caught off-guard, or because you’re worried that the person, who may be your boss, will react badly if you don’t go along to get along with their creepy and overly familiar touchy behavior. If the harasser is your supervisor, or anyone else in the workplace who has more power than you, you may be afraid to speak up as you’re fearful about losing your job. But that type of understandable and normal response does not make the sexual harassment less serious or make you responsible for any of it. You can still lodge a complaint with your company, even if it’s not immediately after it occurs.

No.  If you’re fired as a result of reporting sexual harassment, then you will have a separate claim for wrongful termination (in addition to any sexual harassment claim that you might have).

We understand that taking a stand against sexual harassment is not without its challenges. Victims often face the fear of retaliation after reporting misconduct. However, it is illegal for employers to retaliate against employees who have reported sexual harassment or participated in a workplace investigation about sexual harassment.

If you are terminated for reporting sexual harassment, you should immediately speak to a sexual harassment lawyer before filing a claim with the EEOC. As an experienced New York sexual harassment law firm, we are dedicated to safeguarding victims from unlawful retaliation. We will fervently work to ensure that your rights are protected throughout the process and that you are not further victimized for seeking justice.

Any type of retaliatory action taken against a person for reporting sexual harassment is illegal. If you are discriminated against in any way – including demotion, failure to be promoted, job circumstances changed – you will also have a retaliation claim, in addition to a sexual harassment claim.