Nassau County Sexual Harassment Lawyer

Dedicated Employment Attorneys Serving Nassau County

Nassau County is a suburban county on the western end of Long Island. It is made up of two cities, three towns, and more than 120 incorporated villages and unincorporated hamlets. Nassau County is one of the most affluent and also expensive counties in the country. It is home to many industries and employers of varying sizes. Workplace sexual harassment is illegal in Nassau County. Under the New York State Human Rights Law, no employer is permitted to sanction or perpetrate sexual harassment against an employee. Title VII of the Civil Rights Act prohibits sexual harassment by employers that have at least 15 employees. At Phillips & Associates, our experienced Nassau County sexual harassment lawyers may be able to help victims of sexual harassment sue for damages.

Sexual Harassment in the Workplace

There are two forms of actionable sexual harassment: quid pro quo harassment and hostile work environment harassment.

• Quid pro quo harassment occurs if a supervisor, manager, officer of the company, or other person with authority in the workplace tries to exchange job perks for sexual favors or makes acquiescence to sexual conduct a condition of employment. For example, if the CEO of your company says that you could be promoted if you have sex with him, this would be quid pro quo harassment.
• Hostile work environment harassment includes offensive conduct that is so pervasive or severe that it alters the terms and conditions of employment. This type of harassment may include physical violence or intimidation, jokes, pranks, statements, propositions, gestures, or graphic images that are directed at you because of your sex or that are of a sexual nature.

Generally, to be actionable, hostile work environment harassment cannot be trivial or consist of isolated incidents. The harassment must be both subjectively humiliating or discomfiting to you and objectively objectionable.

Coworker Sexual Harassment

Coworker sexual harassment can consist of unwelcome sexual advances, gestures, innuendos, pranks, assault, touching, or offensive remarks.

Under the New York State Human Rights Law, employers can be held liable for coworker sexual harassment if they knew or should have known about the harassment and failed to take corrective action. Employers are not strictly liable for coworker harassment but can be held accountable if they fail to address complaints appropriately.

Evidence of Coworker Sexual Harassment:

Sexual harassment often occurs out of sight, making it essential to document incidents. Filing a contemporaneous complaint using the internal grievance mechanisms or procedures provided in your employment handbook can strengthen your case. If you file a charge with the EEOC, they will evaluate credibility, consistency, and supporting evidence, including witness statements.

If an employer fails to handle the situation correctly, ratifies the harassing conduct, or makes it worse, they may be held liable.

Supervisor Sexual Harassment

A supervisor's sexual harassment of an employee may be quid pro quo harassment or hostile work environment harassment.

• Quid pro quo harassment occurs when a supervisor makes submitting to sexual demands a term or condition of employment.
• Hostile work environment harassment happens when offensive actions or words from a supervisor are so severe or pervasive that they create an intimidating, hostile, or offensive work environment.

Under New York State law, employers are strictly liable for harassment by an owner or high-level manager. Employers are also strictly liable for a supervisor's harassment if the supervisor has significant control over the victim's working conditions. If an employee reports harassment to any supervisor or manager, the knowledge is considered the employer's knowledge.

Liability for Sexual Harassment in Nassau County

Under state law, employers can be held strictly liable for harassment by high-level managers. A company can also be liable for harassment by lower-level supervisors and coworkers if it knew or should have known about the harassment and failed to take appropriate action.

Under Title VII of the Civil Rights Act of 1964, employers with 15 or more employees may be liable for workplace sexual harassment. However, compensatory and punitive damages under Title VII are capped based on the size of the employer, whereas punitive damages are not available under New York State Human Rights Law.