Sexual harassment in the workplace can have lasting professional, financial, and emotional consequences. New York law recognizes the serious harm harassment causes and allows individuals who have been subjected to unlawful conduct to pursue a range of legal remedies. If you are considering taking action, understanding what compensation and relief may be available can help you evaluate your options and determine how best to move forward.
Economic Damages: Back Pay and Lost Benefits
One of the most common forms of compensation in sexual harassment cases is back pay. Back pay is intended to make you financially whole for the income you lost because of harassment or retaliation. This may include wages lost due to termination, demotion, reduced hours, or being forced to leave your job.
In addition to lost wages, economic damages can include lost bonuses, commissions, overtime pay, raises, and employment benefits such as health insurance or retirement contributions. If harassment caused you to miss work or lose future earning opportunities, these losses may also be considered when calculating damages.
In some cases, individuals may also seek front pay, which compensates for future lost earnings when returning to the same position is not feasible due to ongoing hostility or the circumstances of the case.
Emotional Distress Damages
Sexual harassment often causes significant emotional and psychological harm. New York law allows individuals to seek compensation for emotional distress, which may include anxiety, depression, humiliation, loss of sleep, or other mental and emotional suffering resulting from the harassment.
Unlike economic damages, emotional distress damages do not require proof of lost income. Testimony about how the harassment affected your daily life, relationships, or mental health can support these claims. In some cases, medical or therapeutic records may also be used, though they are not always required.
Emotional distress damages recognize that the harm caused by harassment extends beyond financial loss and can deeply impact a person’s well-being.
Punitive Damages in Certain Cases
In particularly egregious cases, punitive damages may be available. These damages are not intended to compensate the victim, but rather to punish the wrongdoer and deter similar misconduct in the future.
Punitive damages may be awarded when the conduct is especially malicious, reckless, or shows a willful disregard for the rights of others. Whether punitive damages are available depends on the forum in which the case is brought and the specific facts involved.
Non-Monetary Remedies
Legal remedies for sexual harassment are not limited to financial compensation. Courts and agencies may also order non-monetary relief designed to address workplace conditions and prevent future misconduct. This can include changes to company policies, mandatory training, reinstatement to a position, or other corrective actions.
These remedies can be especially important for individuals who want to see meaningful change within an organization and ensure that others are not subjected to similar treatment.
Attorneys’ Fees and Costs
New York law may also allow successful claimants to recover attorneys’ fees and litigation costs. This provision helps ensure that individuals can pursue justice without being deterred by the cost of legal representation, particularly when facing well-resourced employers.
Understanding Your Options
The remedies available in a sexual harassment case depend on several factors, including the severity of the conduct, the impact on your employment, where the claim is filed, and the evidence available. Because these cases can involve complex legal and strategic considerations, speaking with an experienced employment attorney can help you understand what compensation may be available and how best to pursue it.
New York City Sexual Harassment Lawyers
At Phillips & Associates, PLLC, we represent individuals throughout New York City who have experienced sexual harassment, discrimination, and retaliation in the workplace. Our attorneys work diligently to seek full and fair remedies for our clients. Contact Phillips & Associates, PLLC today at (866) 229-9441 for a free consultation to discuss your rights and potential recovery.