Bronx Sexual Harassment
The Bronx is the northernmost borough of New York City. Some of the major companies based in the Bronx include Calvary Hospital, Gas Engine & Power Company, Charles Seabury Company, Loehmann's, Haffen Brewing Company, Loral, and OnForce Solar. If you have been sexually harassed by an employer, you should hold the company accountable. In the state of New York, employers of all sizes are prohibited from sexually harassing employees or condoning harassment. Sometimes an employer tries to cover it up, however, which means that others will be victimized. People in power should be held accountable for their abuse. At Phillips & Associates, our Bronx sexual harassment lawyers understand the shame and emotional distress that our clients face after being victimized by their employers. We are here to help you assert your legal rights.Types of Sexual Harassment
Sexual harassment is a type of sex discrimination that is prohibited no matter how big or small your employer is in the State of New York. Federal and local laws also prohibit sexual harassment. The federal Title VII of the Civil Rights Act of 1964 applies to employers with at least 15 employees. In many cases, state and local laws provide more expansive protection to workers who are being harassed.
Sexual harassment can include requests for sexual favors, innuendoes, jokes, groping, unwanted touching, and unwanted romantic and sexual advances. They must either unreasonably interfere with your work or create a hostile work environment. In what is known as quid pro quo harassment, the harasser is someone in a position of authority who tries to trade career advancement for sexual favors. For example, if you are a nurse who is up for promotion, and one of the surgeons whom you assist says that he will help you get the promotion if you sleep with him, this is quid pro quo sexual harassment. A sexual harassment attorney in the Bronx can help you bring a claim in this type of situation.
Other situations in which sexual harassment can occur are varied. A harasser could be male or female, and of any sexual orientation. The victim need not be an opposite-sex victim. The harasser can also be anywhere in the ranks of a company, including a coworker, employee, supervisor, manager, or customer. You do not need to be the direct victim of the harasser as long as you are affected by the offensive behavior. Moreover, you can suffer from sexual harassment even if you did not suffer any economic harm, and even if you were not fired.
A critical point to remember is that the harasser's actions must be unwelcome. It can be important to directly tell the perpetrator that you do not welcome their behavior. When a perpetrator is not told directly, they may argue that they did not know that the statements or conduct were offensive or unwelcome. In addition to asking the harasser to stop, you should use an employer complaint mechanism, if one is listed in your employment manual or posted somewhere in the workplace. If there is no mechanism publicly stated, you can tell HR what happened.
A Bronx sexual harassment attorney can help you file a charge with the Equal Employment Opportunity Commission (EEOC) or a state or local employment discrimination agency. There is a work-sharing agreement in place, so you can usually submit to one agency and ask that your charge be cross-filed. Generally, the EEOC will investigate the circumstances and context of the sexual harassment. Each case is reviewed based on its specific facts. The EEOC may advise that you should mediate the matter, or it may simply issue a right-to-sue letter.
It is reasonable to be fearful that your complaint will spark retaliatory conduct on your employer's part. However, it is illegal for your employer to retaliate against you for opposing in good faith employment practices that seem to be discriminatory or harassing. In some cases, the court may not find sexual harassment but still find that a claimant is entitled to damages due to retaliation.Explore Your Options with a Sexual Harassment Lawyer in the Bronx
If you are sexually harassed in the workplace, the experienced attorneys at Phillips & Associates may be able to help you bring a strong claim against your employer. Contact us at (212) 248-7431 or through our online form to find out about your legal options.
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