Sexual Advances at Work
The leading New York discrimination lawyers at Phillips & Associates are dedicated to defending the rights of victims subjected to unwelcome sexual advances in the workplace. We have successfully handled all types of harassment claims, providing the highest quality legal representation to our clients in New York City and the Tri-State area. Call today and speak to a New York sexual harassment attorney at (866) 229-9441.
Sexual Advances Are a Type of Harassing Behavior
Subjecting someone to unwelcome sexual advances is a form of harassment. Sexual harassment is considered gender discrimination because it is any harmful or annoying conduct motivated by a person’s gender. Victims sometimes hesitate to report sexual advances because they can be subtle or intermittent. The perpetrator can pretend the whole thing was a “joke” or that the victim was only “imagining” the behavior. But having to field unwelcome sexual advances is never a laughing matter. Whether the conduct happens once, or becomes a pattern, the tension created by this predatory behavior results in a hostile work environment affecting the victimized employee’s work. Men and women are both capable of perpetrating this offensive conduct. Victims can likewise be of either gender.
Examples of unwelcome sexual advances include:
- Lewd jokes or sexual anecdotes
- Rude or offensive sexual gestures
- Inappropriate touching or contact
- Unwelcome calls, letters, or emails
- Questions about past sexual history
- Jokes about sexual preference or activity
- Staring in a suggestive or offensive manner
- Sharing sexually inappropriate images or videos
- Comments about a person’s clothing, appearance, or body parts
- Offensive comments about gender identity or sexual orientation
Our attorneys handle harassment cases in the New York City area. Our consultation is free and there is no fee unless we recover. Call and speak to a New York discrimination and harassment attorney at (866) 229-9441.
Various Laws Protect You From Sexual Advances
In New York, city, state and federal laws protect victims of harassment. Gender discrimination in all its forms, including sexual harassment, is prohibited by Title VII of the federal Civil Rights Act of 1964. Sexual advances are a form of harassment covered under this law. State anti-discrimination statutes such as New York’s Human Rights Law, make it unlawful “to discriminate against an individual in compensation, terms of conditions, or privileges of employment” because of the person’s sex. The Equal Employment Practices Commission likewise monitors New York City’s compliance with equal employment regulations. The Equal Employment Opportunity Commission (EEOC) is the body charged with handling discrimination and harassment claims across the country.
Whether disguised as playful teasing or friendly hazing, sexual advances can make the workplace unbearable. Sometimes, perpetrators are open about the harassing conduct, indifferent to what others might think. In most cases, however, there are usually no witnesses. In these cases, it is important to keep a record of inappropriate conduct.
If you believe you are the victim of this type of harassment, keep a diary of all the times you had to field unwelcome sexual advances or tolerate offensive physical contact. Write down all the times the perpetrator shared lewd jokes, sexual anecdotes, or inappropriate material. Print out all the suggestive texts, emails, and letters you received. Report your concerns to supervisors and “up the chain of command” to management, knowing that any retaliation or breach of confidentiality with regard to your reporting is illegal. You can also seek legal recourse by filing a complaint with the EEOC. Our discrimination attorneys handle discrimination and harassment claims in the New York City area. Call today and speak to a harassment lawyer at (866) 229-9441.
Seek Help if You Are a Victim of Sexual Advances
If you are the victim of unwelcome sexual advances, consult the experienced New York discrimination attorneys of Phillips & Associates. We can protect your rights and help you pursue your claim before the EEOC. At Phillips & Associates, our aggressive advocates have extensive experience litigating harassment and discrimination claims and are committed to achieving the best possible outcome in your case. We understand that pursuing a sexual harassment claim is daunting, but believe that no one should have tolerate unwelcome sexual advances in the workplace. Our firm is dedicated to providing the highest quality legal representation to sexual harassment victims in all areas of New York. Call us today at (866) 229-9441 for a free, confidential consultation — there is no fee unless we recover — or Contact Us online.
Our consultation is free and there is no fee unless we recover. Call and speak to a NYC discrimination attorney at (866) 229-9441.
When you go to a job interview, you are on your best behavior. Unfortunately, some prospective employers may not be on theirs. Sexual advances during the hiring process may be anxiety-inducing. If you are groped or otherwise the recipient of sexual advances in a job interview or another recruitment setting, you should be aware that this is illegal. Since even highly qualified job applicants may have trouble finding jobs, you may be reluctant to report what happened or nervous about the long-term consequences. The New York City discrimination lawyers at Phillips & Associates can provide advice on your options and help you bring a claim.
Harassment Arising From SEXUAL MISConduct During the Hiring Process
Sexual advances are a form of sex harassment, which is prohibited in the workplace, including during the hiring process. As a job applicant, you may encounter one or both of two different forms of sexual harassment. The first is quid pro quo harassment, in which an employer promises to hire the applicant or provide another employment-related benefit if they will perform a sexual favor, comply with a sexual advance, or go on a date.
The other type of harassment is hostile work environment harassment. This happens if an employer acts in a way that a reasonable person would find intimidating, hostile, or offensive. Unless the sexual advance is a criminal assault or something equally egregious, a single incident of harassment would probably not qualify as actionable sexual harassment. More often, this type of harassment happens once the victim has the job and is forced to endure sexual advances on a regular basis.
If you experienced sexual advances during the hiring process, you may be entitled to damages. Federal, state, and local laws prohibit sexual harassment. The primary federal law dealing with sexual advances during the hiring process is Title VII. The Equal Employment Opportunity Commission enforces Title VII's prohibition on sex discrimination, and sex harassment is a type of sex discrimination.
Damages Available for Sexual Advances
Title VII allows for compensatory damages, such as the costs associated with your job search, medical expenses, mental anguish, and loss of enjoyment of life. Punitive damages may be available to punish an employer if a sexual advance is especially egregious. You may also be lost wages, however you must try to seek new employment.
Limits on these compensatory and punitive damages vary depending on the size of the employer in question. Employers that have 15-100 employees have a damages limit of $50,000. Employers that have 101-200 employees have a damages limit of $100,000. Employers that have 201-500 employees have a damages limit of $200,000. For employers with more than 500 employees, the limit is $300,000.
The New York City Human Rights Law does not have limits on compensatory and punitive damages. It’s important to hire a harassment lawyer who understands the different damages available under New York State, New York City and Federal Law.
Retain a New York City Lawyer for a Sexual Harassment Claim
You should not need to put up with harassment either before or after you are hired. If you suffered through sexual advances during the hiring process, you should retain an experienced gender discrimination attorney who is committed to seeing justice served for workers. At Phillips & Associates, we are dedicated to our clients' cases and fighting employer misconduct. Our New York City attorneys understand the humiliation and anxiety that may accompany this type of behavior. Call us at (866) 229-9441 or use our online form to set up your free appointment. We serve people in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, Westchester, as well as in Suffolk and Nassau Counties.
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