Westchester County Sexual Harassment Lawyer

Skilled Employment Lawyers Representing Residents of Westchester County

Sexual harassment in the workplace is a serious issue that affects countless employees across Westchester County. Whether you are subjected to inappropriate comments, unwelcome advances, or other forms of harassment, you have legal protections under both state and federal law. At Phillips & Associates, our experienced Westchester County sexual harassment lawyers are dedicated to helping victims seek justice and hold employers accountable. If you believe you are being harassed at work, you should consult an attorney as soon as possible to understand your rights and legal options.

Understanding Sexual Harassment Under New York and Federal Law

Sexual harassment is considered a form of unlawful employment discrimination. It can take many forms, including verbal, physical, and visual conduct that creates an offensive, intimidating, or hostile work environment. In New York, workplace sexual harassment is prohibited regardless of the size of the employer. The New York State Human Rights Law (NYSHRL) applies to all employers, even those with just one employee. In contrast, Title VII of the Civil Rights Act of 1964 applies to employers with at least 15 employees. Each law provides different legal remedies and protections, making it important to consult an experienced sexual harassment attorney to determine the best course of action for your situation.

Types of Sexual Harassment in the Workplace

Sexual harassment in Westchester County workplaces can occur in different ways, including:

• Quid Pro Quo Harassment: This occurs when a person in a position of power, such as a manager or supervisor, requests sexual favors in exchange for job benefits (such as promotions or salary increases) or threatens negative consequences (such as termination or demotion) if those favors are not granted. For example, if your manager tells you that you will only receive a raise if you go on a date with them, this is quid pro quo harassment.
• Hostile Work Environment Harassment: This form of harassment occurs when unwelcome sexual conduct is so pervasive or severe that it creates an abusive or intimidating workplace. This can include offensive jokes, lewd comments, unwanted touching, inappropriate emails or images, and sexual gestures. Hostile work environment harassment can be perpetrated by anyone in the workplace, including supervisors, coworkers, customers, or clients.
• Same-Sex Harassment: Sexual harassment is not limited to interactions between men and women. A person of any gender can be harassed by a person of the same or different gender.
• Online Harassment: The rise of remote work has led to an increase in online sexual harassment, which can include inappropriate messages, explicit emails, or sharing of offensive materials via workplace communication platforms.

Employer Liability for Sexual Harassment

Employers have a legal obligation to prevent and address sexual harassment in the workplace. Under New York law, an employer can be held strictly liable if the harasser is a high-ranking executive or owner of the company. In other cases, liability depends on whether the employer knew or should have known about the harassment and failed to take appropriate action.

If the harassment is coming from a coworker, customer, or client, the employee must typically report it according to the employer’s grievance procedures. If there is no formal procedure in place, the employee should submit a complaint in writing to Human Resources (HR) or a supervisor. Employers that fail to take corrective action may be held legally responsible for allowing a hostile work environment.

Retaliation for Reporting Sexual Harassment

Many victims of sexual harassment fear retaliation if they come forward. However, New York law explicitly prohibits employers from retaliating against employees who file complaints in good faith. Retaliation can take many forms, including:

• Termination or demotion
• Reduction in hours or pay
• Negative performance evaluations
• Reassignment to less desirable job duties
• Exclusion from meetings or training opportunities

If you experience retaliation after reporting harassment, you may have additional legal claims against your employer.

Compensation and Legal Remedies for Sexual Harassment Victims

Victims of workplace sexual harassment in Westchester County may be entitled to various forms of compensation, including:

• Back Pay: Compensation for lost wages if you were fired, demoted, or forced to resign due to harassment.
• Emotional Distress Damages: Compensation for the psychological impact of harassment, including anxiety, depression, and trauma.
• Punitive Damages: Available under federal law (Title VII) but not under NYSHRL, these damages punish employers for particularly egregious misconduct.
• Attorney’s Fees and Legal Costs: In successful claims, the employer may be required to cover your legal expenses.

Filing a Sexual Harassment Claim in Westchester County

Sexual harassment victims have multiple avenues for legal recourse. You can file a complaint with:

• The New York State Division of Human Rights (NYSDHR): This state agency enforces NYSHRL and investigates workplace harassment claims.