Pornography in the Workplace
Experiencing sexual harassment in the workplace can be one of the most difficult and uncomfortable experiences that an employee may face. Fortunately, New York law provides remedies for people who have been subjected to inappropriate conduct on the job. The sexual harassment lawyers at Phillips & Associates have helped employees throughout New York City assert their rights against employers that permit or engage in illegal behaviors.Bringing a Claim Based on Pornography in the Workplace
Sexual harassment is classified as a form of gender discrimination because the nature of the conduct derives from an individual’s gender. Any form of gender discrimination, including sexual harassment, is unlawful under Title VII of the Civil Rights Act of 1964. At the federal level, the Equal Employment Opportunity Commission (EEOC) adjudicates sexual harassment claims. In addition to these protections, the State and City of New York have provided recourse for employees suffering from sexual harassment through the state’s Human Rights Law and the New York City Human Rights Law. This network of state and federal laws combines to cover almost all employers, ensuring sufficient recourse for affected employees.
Sexual harassment activities, like viewing pornography at the workplace, can lead to a hostile work environment. A hostile work environment is created when unwelcome physical, verbal, or visual conduct unreasonably interferes with an employee’s ability to perform his or her job duties, or when it results in an offensive, intimidating, or hostile environment. Sexual harassment can occur over a series of events, or it can take place in one incident of gross misconduct. A single incident of viewing pornography at the workplace may not rise to the level of actionable conduct, but repeated instances can make many individuals uncomfortable. However, asking a supervisor or co-worker to stop viewing pornography at the office is nearly impossible for some workers who may fear retaliation, scorn, or humiliation from their supervisors or employees.
Although women are frequently the targets of sexual harassment, there are many instances in which men also may be subjected to unwanted sexual advances or inappropriate innuendos. Also, accessing pornography at the workplace is a type of sexual harassment that can affect the entire work force’s ability to perform their job duties in an environment conducive to productivity. As with other claims based on gender discrimination, an individual who is not the direct target of the illegal conduct can take action against it. Thus, there is a broad spectrum of situations in which bringing a sexual harassment claim may be appropriate.Discuss Your Gender Discrimination Claim with a New York City Lawyer
If you or someone you know has experienced sexual harassment in the form of pornography in the workplace, the lawyers at Phillips & Associates can help. A sexual harassment case can be legally complex and is often uncomfortable to discuss, due to the explicit nature of the conduct at issue. Unfortunately, many employers fail to take responsibility for lax workplace rules or an employee’s misconduct, turning the lawsuit into a “he said, she said” dispute. We can guide you through each step of the process and help you assert your rights aggressively.
Our experienced gender discrimination attorneys represent individuals throughout the five boroughs of New York City, including Queens, the Bronx, and Manhattan. We do not recover any fees unless we obtain a settlement or a judgment in your favor, and we offer a free confidential consultation. Call us now at (212) 248-7431 or contact us online to set up an appointment.
45 Broadway, Suite 620,
New York NY, 10006