Sexual Harassment in the Advertising Industry
Although decades have passed since the "Mad Men era," sexual harassment in the advertising industry remains a significant problem in New York City. Women have a disproportionate impact on purchasing decisions in the marketplace, but a huge number of leadership roles in the advertising industry still belong to men. Often, male supervisors or clients commit sexual harassment against female employees. All employees have the right to work at jobs free of harassment. At Phillips & Associates, our New York City sexual harassment lawyers help victims of misconduct in the workplace file charges with the EEOC, negotiate settlements, and bring lawsuits to trial when necessary.Sexual Harassment in the Advertising Industry
It is illegal to harass an employee or job applicant because of the employee’s or applicant's sex or gender. Sexual harassment in the workplace is a form of gender discrimination that is prohibited by federal, state, and local laws, including Title VII of the Civil Rights Act of 1964. Prohibited harassment can include requests for sexual favors, offensive comments, and unwelcome sexual advances. Victims and perpetrators of sexual harassment can be opposite sex or same sex, and they can be men or women. A perpetrator may be a coworker, a supervisor, or even a client or customer of the employer.
Prohibited sexual harassment does not arise from offhand remarks or isolated incidents unless they are very serious. However, harassment is unlawful if it is either so frequent or so severe that it produces a hostile work environment or results in an adverse employment action, such as demotion or termination.
If you successfully establish sexual harassment in court, you can usually recover damages. Types of damages may include back pay, front pay, and compensatory and punitive damages. Back pay is available for victims against whom an adverse employment action, such as termination, occurred as a result of the sexual harassment. For example, an employee who is fired because she refused to provide a requested sexual favor may recover back pay. It is calculated by looking at wages, bonuses, vacation or sick pay, stock options, retirement benefits, and other compensation that you would have earned from the date of the adverse employment action to the date of the jury award.
Front pay or reinstatement at the same company if you were terminated may be awarded in a sexual harassment lawsuit. Front pay is supposed to compensate you for wage loss you might suffer from the date of judgment into the future. It is calculated by looking at factors such as your age, your length of employment with the defendant employer, how long you would have stayed in your position if you had not been sexually harassed, and how long you are likely to need to find a similar job with another employer.
Often, sexual harassment causes emotional and reputational harm to the victim. Compensatory damages may be awarded for losses other than wage loss, whether these are tangible or intangible losses. In some cases, punitive damages are also available to punish an employer for its misconduct. For example, if your advertising agency is aware that a client has sexually harassed a number of female employees but failed to correct this serious situation because the client is an important one, it might be appropriate to request punitive damages.Consult an Experienced Sexual Harassment Lawyer in New York City
If you have been sexually harassed in the advertising industry, you should consult a New York City sexual harassment attorney about your potential claims. At Phillips & Associates, our gender discrimination lawyers provide tenacious legal representation against advertisers and other employers. Contact us at (212) 248-7431 or through our online form for a free consultation. We fight employer misconduct throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island and Westchester.
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