Phillips & Associates

Sexual Harassment by Industry

Dedicated New York City Lawyers Advocating for Employees

Although newspaper headlines recently have focused on allegations of sexual harassment in Hollywood and in politics, sexual harassment is prevalent across many industries, many of them not covered in major newspapers. Women of color, for example, are particularly susceptible to becoming victims of sexual harassment if they work in the restaurant or hotel industries for low wages. If you have been harmed by sexual harassment, you should consult the New York City sexual harassment attorneys at Phillips & Associates. We understand the various forms of sexual harassment in each industry and the particular challenges that people in different industries may face when bringing a lawsuit.

Sexual Harassment by Industry

Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law all prohibit sexual harassment in the workplace. In a study of 85,000 charges of sexual harassment at the EEOC over a period of a decade, it became clear that sexual harassment occurs in many different industries at differing frequencies. Around 80% of all sexual harassment charges are brought by women, but men also experience harassment.

From 2005-2015, 14.23% of sexual harassment charges filed at the EEOC arose in the accommodation and food services industry. In the same time frame, 13.44% of the sexual harassment charges arose in retail trade, while 11.72% arose in manufacturing. The health care and social assistance industry made up 11.48% of the charges. Administrative and support and waste management and remediation made up 6.92% of the charges, and public administration made up 6.48% of the charges. Allegations arising in the professional, scientific, and technical services industries made up 5.73% of the sexual harassment charges. Allegations arising in the transportation and warehousing industry made up 4.94% of the sexual harassment charges. Allegations arising in the finance and insurance industries made up 3.98% of the charges. Allegations arising in the educational services industry also made up 3.98% of the charges.

In the same time period, charges arising from the information industry made up 2.87% of the sexual harassment charges filed at the EEOC. Allegations arising in the construction industry made up 2.52% of the sexual harassment charges. Allegations arising from the wholesale trade industry made up 2.27% of the sexual harassment charges. Allegations arising from real estate rental and leasing made up 1.95% of the sexual harassment charges. Allegations arising from arts, entertainment, and recreation made up 1.61% of the charges. Other industry categories, such as agriculture, forestry, fishing, hunting, management, utilities, and mining, each had allegations that made up less than 1% of the charges filed at the EEOC.

Although our society as a whole is focused on sexual harassment in more glamorous or prestigious work settings, such as Silicon Valley, Capitol Hill, Hollywood, and the newsroom, the people most at risk are actually women (in particular, women of color) in low wage jobs involving service. Many of these jobs depend on tips, which makes the employees especially vulnerable to predatory behavior.

It can be terrifying to complain about sexual harassment, particularly when your wages are low and you feel powerless. There are three laws in place to protect you. Under the New York State Human Rights Law, your employer is prohibited from sexually harassing you even if you are the only employee. For example, if you are a household employee who cooks and cleans full-time and is being sexually harassed by your boss, you may be able to bring a claim under the New York State Human Rights Law, even if there are no other employees.

If you work at a small business, you may still be covered by the New York City Human Rights Law, which covers businesses with a minimum of five employees. The New York City Human Rights Law has one of the broadest anti-retaliation provisions of any anti-discrimination laws in the country. Your employer is not allowed to take an adverse employment action against you for reporting sexual harassment as long as you have a good-faith belief that you were sexually harassed. Even if a court later determines that you were not sexually harassed under the contours of the city law, you may be able to recover damages for retaliation.

Seek Representation from a Sexual Harassment Lawyer in New York City

Our attorneys are sensitive to how degrading and demeaning sexual harassment can be. We also understand the differences in sexual harassment by industry in New York City and the surrounding area. We are ready to advise you on your options for legal recourse. Call us at (212) 248-7431 or contact us via our online form for a free consultation with an experienced attorney. We fight employment discrimination in the Bronx, Queens, Brooklyn, and Manhattan, as well as in Nassau, Suffolk, and Westchester Counties and in New Jersey.

PHILLIPS & ASSOCIATES
45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
Client Reviews
★★★★★
I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
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
★★★★★
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
★★★★★
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
★★★★★
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