The leading New York sexual harassment attorneys of Phillips & Associates are committed to assisting victims of unlawful touching and sexual harassment at work. Our employment attorneys have successfully handled all types of workplace discrimination claims, recovering substantial verdicts and settlements for harassment victims in the New York area. Call one of our sexual harassment lawyers today at (212) 248-7431.UNLAWFUL TOUCHING AND SEXUAL HARASSMENT IN THE WORKPLACE
Sexual harassment is a violation when the “unwelcome” verbal or physical conduct is a “term or condition” of employment or the basis of employment decisions that affect the individual. Sexual conduct is “unwelcome” if the employee does nothing to “solicit” or “incite” the behavior and regards the conduct as undesirable or offensive.
One of the most important factors to determine whether the sexual harassment is actionable is whether the conduct was verbal or physical. Generally, single incidents of misconduct are not “sufficiently severe or pervasive” to create an abusive work environment. The exception to this rule is when there is an isolated, unusually severe incident of physical misconduct, such as the unlawful touching of an employee.
Examples of unlawful touching and physical harassment include:
- Any offensive touching
- Sexual touching by supervisor
- Physical advances or sexual “affection”
- Physical contact with intimate body areas
- Verbal conduct accompanied by unwelcome touching
- Cornering victim to prevent escape from physical contact
Most victims of sexual harassment are hesitant to report the violation for fear of retaliation or discharge. Because unlawful touching is often done behind closed doors, there are usually no witnesses to support the claimant’s version of events. But even isolated incidents of sexual contact can be so severe that they do not require a series of incidents to prove. Courts take single incidents of unconsented touching or fondling very seriously because it is not just a form of sexual harassment; it is a crime.CALL OUR NEW YORK SEXUAL HARASSMENT ATTORNEYS
Our New York gender discrimination lawyers handle unlawful touching and sexual harassment cases in the New York area. Our consultation is free and there is no fee unless we recover. Call us at (212) 248-7431.LAWS PROHIBIT UNLAWFUL TOUCHING AND SEXUAL HARASSMENT IN THE WORKPLACE
New York state and federal laws protect victims of unlawful touching and sexual harassment. Title VII of the Civil Rights Act prohibits “quid pro quo” and “hostile environment” sexual harassment, including unlawful touching. In Barrett v. Omaha, the 8th Circuit held that even a single, unusually severe incident of conduct may be sufficient to constitute a Title VII violation, especially if the harassment was physical. The EEOC will also presume that the unwelcome, intentional touching of the charging party’s intimate body areas is sufficiently offensive to violate Title VII. More than verbal conduct or sexual remarks, a single unwelcome physical advance, especially by the employee’s supervisor, may be enough to prove sexual harassment. Our sexual harassment attorneys offer free consultations in New York City.UNLAWFUL TOUCHING AND SEXUAL HARASSMENT IN NEW YORK
New York has city and state laws that reinforce federal antidiscrimination statutes and to cover victims of unlawful touching and sexual harassment. The state’s Human Rights Laws specifically target smaller employers or perpetrators not covered by federal law. Victims can exercise their rights under these laws by suing any party responsible “quid pro quo” or “hostile environment” sexual harassment. The claim must allege that the employer played an active role in the harassment or had knowledge of the offensive conduct and failed to take appropriate action. Our New York sexual harassment attorneys can explain the application of federal and state laws to your case and how these laws support your claim.
Our employment attorneys have successfully represented numerous victims of gender discrimination across New York. Call today and speak to one of our sexual harassment attorneys at (212) 248-7431.WHAT TO DO IF YOU’RE A VICTIM OF UNLAWFUL TOUCHING AND SEXUAL HARASSMENT
If you believe you are the victim of unlawful touching and sexual harassment, consult the skilled New York sexual harassment lawyers of Phillips & Associates today. Our firm has successfully handled various types of employment discrimination claims and is dedicated to helping you recover the compensation you deserve. Speak with our New York sexual harassment attorneys.
We do not charge attorney’s fees unless you get paid. Call (212) 248-7431 for a free consultation or Contact Us online.
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