Long Island Hostile Work Environment Sexual Harassment
Employment Lawyers Assisting People Throughout Long Island
Long Island consists of four counties, including Nassau and Suffolk Counties. Its largest employers include Northwell Health, the State of New York, Catholic Health Services, the federal government, Winthrop-University Hospital, Long Island Railroad, and Stop and Save. Sexual harassment on the job can be degrading and humiliating. Actionable sexual harassment falls into two categories: quid pro quo harassment and hostile work environment harassment. Usually, quid pro quo harassment is only perpetrated by authority figures in the workplace. However, coworkers, customers, and clients, in addition to supervisors and managers, can perpetrate hostile work environment harassment. If you face hostile work environment sexual harassment at your job, you should consult the Long Island sexual harassment attorneys at Phillips & Associates.
Identifying Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment is prohibited at Long Island workplaces under both Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In many important ways, the state law mirrors the federal law. However, there are nuances to these laws that make it important to consult an attorney about whether you have a claim.
A hostile work environment exists when: (1) the workplace is permeated with discriminatory actions that are either so severe or so pervasive that they change the work conditions, and (2) there is a specific basis for imputing the conduct that caused the hostile environment to the employer.
Usually, hostile work environment claims involve discriminatory actions, images, or words over a period of time, instead of a single, discrete occurrence. However, if the discrete occurrence is severe, rather than trivial, it can create a hostile work environment. The Eastern District of New York has stated that a single episode of contact with an intimate body part is enough to establish a hostile work environment sexual harassment claim. For example, if a coworker fondled your breasts, and your employer does nothing to respond to your complaint, this could count as actionable hostile work environment sexual harassment.
The conduct that you claim was hostile work environment sexual harassment must be subjectively offensive and abusive to you. Moreover, it must be objectively severe or pervasive. The environment must be abusive due to your sex. State law also explicitly protects you from a hostile work environment created due to your sexual orientation or gender identity.
Whether actions create a hostile work environment requires an analysis of the totality of the circumstances. Factors to be considered include how often the harassing actions happened, how severe they were, whether the actions were physically threatening or offensive, whether they would unreasonably interfere with an employee's work performance, and what psychological harm would result. Title VII does not require any concrete psychological harm to find hostile work environment harassment. In other words, the distress need not lead to a nervous breakdown to be actionable. Each situation is different, and it is important to consult an experienced attorney about the specifics of yours.
If you are faced with unwelcome sexual conduct, you should let the harasser or harassers know that the actions are unwelcome. You should also use any grievance procedures set forth in your employment handbook. Assuming that there is actionable harassment, a plaintiff alleging a hostile work environment must demonstrate that there is a legal reason to impute the harassing conduct to the employer.
Under federal law, when a harasser is a victim's coworker, the employer will only be liable if it was negligent in how it handled the situation. However, if a supervisor's harassing conduct culminated in a concrete employment action, such as demotion or termination, the employer can be held strictly liable for the hostile work environment that the supervisor created. When there is no concrete action, an employer may raise as a defense that it used reasonable care to stop the harassing behavior, but you unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided.
Consult an Experienced Sexual Harassment Lawyer on Long Island
At Phillips & Associates, we may be able to help you obtain damages if you were subjected to hostile work environment sexual harassment on Long Island. We offer free consultations. There are no upfront fees, and we accept cases on a contingency basis, which means that you will not be asked to pay attorneys' fees unless we recover damages for you. Contact us at (866) 229-9441 or through our online form.
PHILLIPS & ASSOCIATES
585 Stewart Ave #410
Garden City, NY 11530
Tel: (866) 229-9441
Fax: (212) 901-2107
Long Island Sexual Harassment
Phillips & Associates is a prominent Long Island sexual harassment law firm dedicated to the representation of employees in Long Island, and throughout all of New York. We are renowned for tirelessly defending victims of workplace discrimination. Traits such as race, national origin, gender, religion, and disability are inherent human characteristics that typically lead to unfair and unlawful workplace treatment. Sexual harassment is a frequent type of discrimination based upon an employee’s gender. Phillips & Associates employment discrimination lawyers represent victims of sexual harassment in Long Island and statewide. Call us today to discuss your case with an experienced sexual harassment attorney at(866) 229-9441.
Types of Harassment Include:
Sexual Harassment Includes:
There Are Many Forms of Sexual Harassment
Many might be surprised to hear that there is an epidemic of sexual harassment in the workplace. The unequal treatment of workers, particularly women, frequently results from incorrect perceptions about gender-roles. Even though women are just as productive as men in the labor force, common misconceptions that women are inferior still persist. Hiring personnel may have gestured that women should have to put up with “extra” burdens, completely unrelated to the duties of employment, in order to get the job or to obtain a raise or promotion. This might involve internalizing inappropriate comments or emails, dressing in a revealing way, or tolerating inappropriate text messages. These are just some of the types of sexual harassment practices that exist within the employment realm, and are entirely inappropriate. Sexual Harassment can happen in the workplace or at an office or holiday party.
New York Law Provides Broad Protection From Sexual Harassment
Sexual harassment in New York is prohibited by law. Title VII of the Civil Rights Act expressly prohibits harassment or discrimination due to one’s sex. The Equal Pay Act of 1963 also prohibits on-the-job discrimination based on an individual’s sex. Additionally, there are also various state-specific prohibitions, such as New York State’s Human Rights Law and the New York City Human Rights Law. Phillips & Associates discrimination attorneys represent employees throughout Long Island and the State of New York. Our initial consultation is free, and there is no fee unless we recover. Call and speak with our sexual harassment attorneys at (866) 229-9441.
It’s Not Your Fault
If you are the victim of sexual discrimination, it is not something that is easy to deal with. Though often women, all victims may have been urged to believe that they “brought this upon themselves” as a result of their behavior or attire. Society often pressures people to ignore their instincts and second-guess themselves even when they knows otherwise. Although an employee may keep written records of what she believes to have been sexual discrimination, it is typically not easy for her to come forward and disclose her experience or report it to her superiors due to the fear of being terminated or retaliated against. However, there are critical six-month time limits for the filing of a complaint with the EEOC. Therefore, sexual discrimination victims need to act quickly by contacting a trustworthy professional who can assist them throughout the daunting legal process. Phillips & Associates employment discrimination attorneys are experienced in handling sexual harassment throughout Long Island and the greater State of New York. Call today and speak to a sexual harassment lawyer at (866) 229-9441.
Get Help if You Believe You Are a Sexual Harassment Victim
If you feel you are being harassed, it is important to start keeping track of each occurrence in a journal or diary every time there has been an uninvited sexual advance or behavior that you feel is improper. Detailed writings and witness testimony are critical to prove your sexual harassment case. Make sure to make your concerns known to superiors and management. Also, bear in mind that breach of confidentiality about your complaints or retaliation is unlawful. Consider filing a complaint with the EEOC to seek further redress. Also, contact one of our Long Island sexual harassment attorneys with years of experience defending employees in workplace discrimination claims. Our firm has helped victims regain the dignity and compensation they lost as a result of sexual harassment in Long Island and throughout New York state.
Coworker Sexual Harassment on Long Island
Supervisor Sexual Harassment on Long Island
Hostile Work Environment Sexual Harassment
Quid Pro Quo Sexual Harassment
Workplace Sexual Advances on Long Island
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