Phillips & Associates

Sexual Gift Giving

New York Attorneys Skilled in Employment Discrimination Claims

Sexual harassment can have devastating professional and emotional consequences. Most people associate this behavior with verbal overtures or physical touching. However, when coworkers or supervisors give inappropriate sexual or romantic gifts, this can also be a form of harassment depending on the situation. This illegal conduct is prohibited by Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the Administrative Code of the City of New York 8-1901. The employment discrimination lawyers of Phillips & Associates understand the humiliation and discomfort that sexual gift giving can cause. We can help you seek compensation if you have been subject to harassment at a New York workplace.

Inappropriate Gifts

There are two types of actionable sexual harassment: quid pro quo and hostile work environment. Quid pro quo behavior occurs when a coworker or supervisor conditions an employment decision, such as promotion, demotion, termination, or salary raise, on submitting to sexual advances or other misconduct. A hostile work environment is usually created by a pattern of sexually charged conduct in the workplace, rather than a single instance, unless the single instance is very severe.

Gift giving can fall into either category. For example, if your supervisor gets you lingerie for a Secret Santa exchange at the holiday party and suggests in the card that you will be fired if you don't go out with him, it is likely that the courts will see this gift giving as quid pro quo sexual harassment. Other personal gifts that are inappropriate or may cross the line are some types of gag gifts, cosmetics, soaps, jewelry, perfume, and love poetry.

Gift giving that is repeated and unwanted may create a hostile work environment. Sexual harassers often give gifts under the guise of humor or expressing romantic intentions. However, if you let the harasser know this is unacceptable and he or she persists, you should report it to your employer. You should also consult an experienced sexual harassment lawyer.

It can be confusing when a consensual relationship between coworkers or between an employee and supervisor ends. In some cases, one of the two people may give gifts hoping to win the other person back. However, if you inform your coworker or supervisor or boss that you no longer want to be in a romantic relationship and ask him or her to stop, he or she has to stop making advances. A harasser that continues to give you gifts after you have expressed they are unwelcome may violate federal, state, and local laws.

Protect Your Rights from Sexual Harassment by Enlisting a New York Lawyer

It is illegal for your employer to retaliate against you for filing an internal grievance or filing a complaint with the Equal Employment Opportunity Commission about the sexual harassment you experience in a New York workplace. However, after you file a complaint, it can be emotionally challenging and uncomfortable to be on the job. An experienced attorney can help make sure you file a grievance appropriately and seek the damages you deserve after dealing with sexual harassment. Contact Phillips & Associates at (212) 248-7431 or through our online form.

PHILLIPS & ASSOCIATES
45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107

Client Reviews
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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
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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
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I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
★★★★★
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
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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