Phillips & Associates

Sexual Harassment

Knowledgeable New York City Lawyers Protecting the Rights of Employees

If you receive sexual advances or comments from an employer or coworker, you may experience strong feelings of degradation, humiliation, or depression. Workplace sexual harassment is prohibited under federal, state, and local laws in New York City as a form of sexual or gender-based discrimination. Any form of harassing conduct taken due to your sex may be considered sexual harassment. Sexual harassment does not have to occur at your workplace. It can occur at someone’s home, a conference or other business function such as a happy hour of office party. If you were sexually harassed, you should consult the New York City sexual harassment lawyers at Phillips & Associates.

Quid Pro Quo Harassment

You can recover damages for quid pro quo harassment, which can be committed only by a supervisor or manager. This type of harassment occurs if your job or an employment benefit is conditioned on your submitting to the harassing conduct. An employer who makes a negative decision affecting your employment because you resisted or complained about sexual harassment can also be held accountable for quid pro quo sexual harassment. For example, if your supervisor asks you on a date and then fires you for saying that you are not attracted to him, he could be held accountable for quid pro quo harassment.

Protections Under the New York City Human Rights Law

The New York City Human Rights Law is one of the strongest anti-discrimination laws in the country, and it prohibits hostile work environment harassment in the workplace. To establish a claim under the New York City Human Rights Law, you would need to show by a preponderance of the evidence that you have been treated less well than other employees due to your sex. The city law is construed broadly because of its remedial purpose. Accordingly, a sexual harassment attorney in New York City would need to meet a lower standard to establish sexual harassment under the city law than the standard under federal or state laws. Any unwelcome sexual behavior in a New York City workplace is illegal, including crude jokes, lewd remarks, or touching. For example, if your supervisor makes jokes about your pubic hair in his soda, this may be sexual harassment. Similarly, if you are at the office holiday party, and the CEO gropes your breasts, this is likely sexual harassment.

Under the New York City Human Rights Law, an employer can be held accountable for a non-supervisor or non-manager’s sexual harassment that creates a hostile work environment if the employer fails to take reasonable steps to eliminate the harassment. Accordingly, it is important to let the employer know that you have been sexually harassed to give the employer a chance to take remedial and prompt action. You may be able to sue for damages if the employer is notified but does not take proper measures to fix the situation.

Federal and State Laws

Most often, the city law offers the best way to seek a remedy if you have been sexually harassed in a New York City workplace, such that the harassment created a hostile work environment. However, if you need to bring your claim under Title VII of the Civil Rights Act of 1964 or the New York State Human Rights Law, your New York City sexual harassment attorney would need to show that the sexual harassment that you faced was either so severe or so pervasive that the workplace was made hostile or abusive. For example, if you were the only woman in your department, and for two weeks you daily received pornographic memes from your coworkers in that group, and your supervisor was cc’d on these memes, and you wrote an email back and cc’d your supervisor to let them know that it was unwelcome, but they did nothing about it, you may have a claim for sexual harassment under Title VII. Similarly, if you were sexually assaulted by your supervisor, this is likely to be found severe enough to create a hostile work environment.

Consult a Dedicated Sexual Harassment Attorney

When you come to work, you hope to be judged on your work performance, rather than a trait that you cannot control like your sex. Sexual harassment can be emotionally painful, whether it involves a supervisor requesting sexual favors or a coworker who keeps making comments about your body. Sexual harassment litigation can be pursued against employers of all sizes in New York City. The seasoned sexual harassment lawyers at Phillips & Associates represent workers in Manhattan, Queens, the Bronx, Brooklyn, and Staten Island, along with Nassau, Suffolk, and Westchester Counties, New Jersey, and Pennsylvania. Contact us at (212) 248-7431 or via our online form.

PHILLIPS & ASSOCIATES
45 Broadway #430,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107

Client Reviews
★★★★★
Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
★★★★★
Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
★★★★★
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