Phillips & Associates

Coworker Sexual Harassment on Long Island

Employment Attorneys Assisting Residents of Long Island

Long Island is made up of four counties, including two that are New York City boroughs: Queens and Brooklyn. When people talk about "Long Island," however, they are more commonly referring to Nassau and Suffolk Counties. Every employee on Long Island is entitled to be free from sexual harassment at work under New York law. Sexual harassment is a form of prohibited sex discrimination. While the provisions of the New York State Human Rights Law usually apply to employers that have at least four employees, the prohibition against sexual harassment applies to all employers, regardless of their size. At Phillips & Associates, our Long Island sexual harassment lawyers may be able to represent you if you were a victim of coworker sexual harassment at your job. We have an office in Manhasset, from which we represent people throughout Nassau and Suffolk Counties.

Coworker Sexual Harassment and Asserting Your Legal Rights

Both Title VII of the Civil Rights Act and the New York State Human Rights Law prohibit coworker sexual harassment. In most cases, coworker harassment is hostile work environment harassment, which takes the form of words, jokes, pranks, physical violence, or threats of a sexual nature that are directed toward a worker due to their sex. Sexual harassment by coworkers may therefore include sexual innuendoes, emailing graphic materials, offensive remarks about sex, unwelcome sexual advances, and even assault or rape.

Sexual harassment can also include sexually discriminatory statements about a particular sex. For example, if your coworker routinely denigrates women and says that they are bad at the office and belong in the home, this could be sexual harassment.

In order to constitute a hostile work environment, the harassment must be either severe or pervasive. A one-off remark by a coworker is likely not actionable. However, sexual assault by a coworker or a pattern of daily sexual abuse or insults likely would be. To be actionable, sexual harassment must subjectively cause the worker bringing the claim humiliation or discomfort, or interfere with their job performance. It must also be objectively offensive.

Courts will look at all of the circumstances, including the frequency of the actions, their severity, and whether they are humiliating, physically threatening, or simply offensive. Psychological harm is just one factor, and the objective severity of sexual harassment is judged from the perspective of a "reasonable person" in the plaintiff's situation. There are debates about whether a plaintiff's sex should be considered in an analysis of what a reasonable person would think about the harassment.

You should confront the coworker and tell them that the sexual comments or advances are unwanted. You should also report the harassment to your employer. Our Long Island sexual harassment attorneys can help you draft your report of sexual harassment. In order to hold your employer liable for sexual harassment by a coworker, your attorney will need to show that the employer knew or should have known about the harassment, but it did not take steps to prevent or correct it. It is crucial, therefore, to report coworker sexual harassment to your employer and to give it an opportunity to correct the problem. When an employer has a strong sexual harassment policy and takes steps to correct the problem, it may not be held liable. If you choose not to avail yourself of corrective opportunities, the employer may have a strong defense against your case. If you are terminated after reporting or complaining about sexual harassment, you may have a claim for radiation.

Damages

If you establish employer liability for coworker sexual harassment, you may be able to recover economic losses, such as back pay, front pay, and out-of-pocket costs. You may also be able to recover compensatory damages, including emotional distress damages. You can recover punitive damages if your employer is covered under Title VII, and that law was a basis of your claim. These damages, like compensatory damages, are capped under Title VII. However, you cannot recover punitive damages under the New York State Human Rights Law. Punitive damages are damages intended to punish and deter wrongdoers.

Consult an Experienced Sexual Harassment Attorney on Long Island

At Phillips & Associates, we fight sexual harassment by coworkers, customers, clients, and supervisors on Long Island, and we may be able to help you recover damages if you have been mistreated on the job. Our attorneys offer free consultations. There are no upfront fees, and we accept cases on a contingency basis, which means that you will not need to pay attorneys' fees unless we recover damages for you. Contact us at (212) 248-7431 or through our online form.

PHILLIPS & ASSOCIATES
585 Stewart Ave #330
Garden City, NY 11530
Tel: 516-365-3731
Fax: 212-901-2107

Client Reviews
★★★★★
I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen
★★★★★
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
★★★★★
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana