Westchester County Sexual Harassment Lawyer

Representing Residents of Westchester County Who Have Faced Sexual Harassment

Sexual harassment at work can leave employees uncertain about what to do next. Inappropriate comments, unwelcome advances, and other harassing conduct can violate state and federal law.

At Phillips & Associates, PLLC, our experienced Westchester County sexual harassment lawyers represent employees seeking justice and accountability. If you believe you’re being harassed at work, you should consult an attorney as soon as possible to understand your rights and legal options.

Representation for Westchester County Workers

At Phillips & Associates, PLLC, we represent workers and never defend employers or corporations. A senior attorney reviews every case. We have recovered over $360 million for more than 9,500 employees across employment matters.

We serve clients throughout Westchester County, including Yonkers, White Plains, New Rochelle, and Mount Vernon.

Other reasons clients choose us include:

• There are no fees unless we recover compensation for you
• Each case is reviewed by a senior attorney
• Positive client reviews
• Track record of success
• We have been recognized by Super Lawyers, listed in Best Lawyers in America, and more

Understanding Sexual Harassment Under New York & Federal Law

Sexual harassment is a form of unlawful employment discrimination. Verbal, physical, or visual conduct may create an offensive, intimidating, or abusive workplace.

In New York, sexual harassment is prohibited regardless of the employer’s size. The New York State Human Rights Law (NYSHRL) applies to all employers, even those with just one employee. By contrast, Title VII of the Civil Rights Act of 1964 applies to employers with at least 15 employees. The New York State Division of Human Rights investigates employment complaints based on sex, including sexual harassment, while the law and filing path that may apply depend on the circumstances.

Types of Sexual Harassment in the Workplace

Sexual harassment in Westchester County workplaces can take several forms:

• Quid Pro Quo Harassment: A manager, supervisor, or other person in power requests sexual favors in exchange for job benefits, such as promotions or salary increases, or threatens consequences such as termination or demotion. For example, a manager who says you will receive a raise only if you go on a date with them is engaging in quid pro quo harassment.
• Hostile Work Environment Harassment: Unwelcome sexual conduct can create an abusive or intimidating workplace. Under the NYSHRL, conduct must subject an employee to inferior terms, conditions, or privileges of employment because of their sex or other protected characteristic. Examples include offensive jokes, lewd comments, unwanted touching, inappropriate emails or images, and sexual gestures. The person responsible may be a supervisor, coworker, customer, or client.
• Same-Sex Harassment: Sexual harassment isn’t 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 company owner. In other cases, liability depends on whether the employer knew or should have known about the harassment and failed to act appropriately.

If the harassment comes from a coworker, customer, or client, the employee is encouraged to report it according to the employer’s grievance procedures. If there is no formal procedure, the employee should submit a written complaint 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.

Preserving Workplace Sexual Harassment Evidence

Notes and other documentation created around the time of an incident may be relevant to a harassment investigation. 

Preserve appropriate workplace evidence such as: 

• Messages
• Emails
• Written complaints
• Names of witnesses and dates of incidents
• Responses from Human Resources

Be sure to preserve this evidence without violating workplace policies or access restrictions.

A complaint or protest made while harassment is ongoing or shortly after it ends can help show that the conduct was unwelcome. Sexual harassment often occurs without eyewitnesses, but co-workers who observed a change in your demeanor or received a prompt report may provide corroborating information. Investigations may also consider witnesses, documents, and relevant background information from the person reporting the conduct.

Retaliation for Reporting Sexual Harassment

Employees often fear retaliation after reporting sexual harassment. 

New York law prohibits employers from retaliating against employees who make good-faith complaints. Retaliation may include:

• 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 & Legal Remedies for Sexual Harassment Victims

Employees subjected to sexual harassment in Westchester County may be entitled to several forms of compensation, depending on the applicable law and circumstances:

• 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 effects of harassment, including anxiety, depression, and trauma.
• Punitive Damages: These damages may be available under federal law (Title VII) and, since 2019, under the NYSHRL against private 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

The appropriate filing path depends on the circumstances. Potential options include:

• The NYSDHR: This state agency enforces NYSHRL and investigates workplace harassment claims.
• The Equal Employment Opportunity Commission (EEOC): This federal agency enforces Title VII and handles claims against larger employers.
• A Civil Lawsuit: In some cases, filing a lawsuit against your employer may be an appropriate option to pursue available damages and other legal remedies.

Sexual Harassment Claim Filing Deadlines

Filing deadlines depend on the law, forum, and date of the alleged conduct. For sexual harassment occurring after August 12, 2020, a complaint with the NYSDHR generally must be filed within three years of the most recent incident. A lawsuit under the New York State Human Rights Law generally has a three-year deadline from the last discriminatory act, while a New York worker generally must file an Equal Employment Opportunity Commission charge within 300 days of the alleged discriminatory act.

Contact Our Sexual Harassment Lawyer in Westchester County

If you have experienced workplace sexual harassment in Westchester County, our attorneys can explain your rights and evaluate your legal options. We offer a free initial consultation and handle these matters on a contingency fee basis, meaning we receive a fee only if we secure an award or settlement.

Contact us today at (866) 229-9441 or through our online form for a free consultation. Our sexual harassment attorney in Westchester County can help you.