Sexual Advances from Supervisors
Many people in America feel anxious about job security. Sexual advances from supervisors may be devastating. It is hard to find a new job, and victims may rightly be concerned about the possibility of retaliation or blackballing within an industry for fighting back against sexual harassment. At Phillips & Associates, our New York City sexual harassment lawyers are dedicated to fighting all forms of illegal conduct in the workplace. We can evaluate your story, discuss your options, and ease your mind about bringing a lawsuit, knowing that experienced trial attorneys are on your side.Holding Supervisors Accountable for Sexual Advances
Supervisors in each workplace have considerable power over employees. They often set their assignments, affect their pay and potential for bonuses, and control their ability to rise or fall within a company. If you have received a sexual advance from a supervisor, federal, state, and local laws are designed to protect you from this misconduct.
Title VII applies to employers that have 15 or more employees. It prohibits sex discrimination, and sexual harassment is a form of sex discrimination. You will need to report the sexual harassment to the Equal Employment Opportunity Commission (EEOC), which enforces Title VII, in order to bring a claim. While you may file an EEOC charge by yourself, it may be helpful to consult an attorney about the possibility of bringing a claim as soon as a sexual advance occurs so that you can more effectively present your claim to the EEOC and pursue a lawsuit to recover damages as necessary.
Sex discrimination is also prohibited under New York Human Rights Law § 296.1, which applies to employers that employ four or more workers. However, this law actually applies to all employers with regard to sexual harassment that happened on or after January 19, 2015. This law prohibits supervisors from making sexual advances toward employees based on sex, and the category of "sex" includes gender identity and transgender status. For individuals working within the five boroughs of New York, the New York City the Human Rights Law also prohibits sexual advances in employment.
Sexual advances from supervisors may qualify as quid pro quo harassment or hostile work environment harassment. The former happens if a supervisor tries to trade job benefits for sexual advances. For example, it would apply if a supervisor said that they would only let you keep your job if you had sex with them. It would also apply if your supervisor agreed to pay you a bonus for going on a date. By contrast, hostile work environment harassment includes all types of sexual advances from supervisors, as well as sexually discriminatory remarks. In order to be actionable, the sexual advances must be either severe or pervasive.Explore Your Options with a Sexual Harassment Lawyer in New York City
If you have received sexual advances from a supervisor, you should contact an experienced New York City sexual harassment attorney who is committed to seeing justice served for workers. At Phillips & Associates, we provide vigorous representation to victims of misconduct in the workplace. Our gender discrimination attorneys understand the humiliation and anxiety that you may be going through. Call us at (212) 248-7431 or complete our online form to set up a free appointment. We represent employees, former employees, and job seekers in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, Westchester as well as in Suffolk and Nassau Counties.
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