Phillips & Associates

What is Considered Same-Sex Sexual Harassment?

What is considered same sex sexual harassment?

Sexual harassment in the workplace is covered by a number of laws, The City, The State and the Title VII. Just like sexual harassment between a male and a female, sexual harassment between a male and a male or a female and a female is also covered and remains illegal in the workplace.

Our law firm assists individuals who have not only been dealing with sexual advances from same-sex individuals in the workplace but also individuals who have had to deal with discrimination in the form of comments, touching or inappropriate jokes specifically because they revealed their sexual orientations in the workplace. If you believe you've been a victim of sexual orientation discrimination in the workplace, please contact Phillips & Associates and we will schedule a time to speak and discuss your matter.


Sexual Harassment Lawyers Helping Residents of New York City

Sexual harassment in a New York workplace is covered by several laws: Title VII, the New York State Human Rights Law, and the New York City Human Rights Law. Actionable harassment may occur between members of the opposite sex or the same sex. If you believe that you have been a victim of same-sex sexual harassment, the New York City sexual harassment lawyers at Phillips & Associates can speak with you and discuss the specific situation. We may be able to help you recover damages. We help people who are dealing with sexual advances from same-sex individuals in the workplace, as well as people who suffer from discrimination in the form of touching, inappropriate jokes, and other behavior because they revealed their sexual orientation in the workplace.

What is Considered Same-Sex Sexual Harassment?

Sexual harassment happens when someone at work, whether a supervisor, manager, coworker, customer, or client, harasses an employee based on their sex. Harassment may include comments, jokes, innuendoes, requests for sexual favors, unwelcome sexual advances, assault and battery, and rape. It may be either quid pro quo harassment or hostile work environment harassment. For example, if female employees routinely face graphic images, questions about their sex lives, and inappropriate touching from their supervisor, this is likely to be found to be hostile work environment harassment.

Notifying Management

If you are harassed by a co-worker of the same sex, you should report what happened to management and give the employer an opportunity to correct the situation. Usually, an internal grievance procedure can be found in your employment handbook. The company's attorney is likely to have concerns about being sued for sexual orientation discrimination by a perpetrator of harassment, so it is important to be careful about documenting your complaint with details about what you believe is harassment.

You should also send emails when possible so that you have a record of the date and time that you reported the harassment. You should take contemporaneous notes about any responsive comments made by the HR department or another corporate representative when you notify the company about the harassment. If they do not take adequate corrective measures, you may be able to file a lawsuit or charge with the EEOC as appropriate.

Retaliation

Retaliation for reporting same-sex harassment is illegal in New York City. Retaliation is any adverse employment decision taken because you engaged in a protected activity, such as reporting sexual harassment in good faith. Adverse employment decisions may include:

  • Termination,
  • Demotion,
  • Failure to promote, or
  • Reassignment to an unfavorable position.
Damages

Sexual harassment is demeaning and humiliating for employees. The damages that you may recover for harassment depend on the law under which you bring your case. If you bring your case under the New York City Human Rights Law, you may recover the full range of compensatory damages, including back pay and front pay, and if the conduct is truly egregious, punitive damages may also be available.

Damages are more limited under federal laws. Under Title VII, which is the federal law that governs sexual harassment, compensatory and punitive damages are capped based on the number of employees that the employer has. For example, if the employer has 15-100 employees, damages are capped at $50,000. If an employer has more than 500 employees, damages are capped at $300,000.

Set Up a Consultation with a Sexual Harassment Lawyer in New York City

Same-sex sexual harassment is as demeaning and humiliating as opposite-sex harassment. It is important to report the harassment, and it may be helpful to consult an attorney about what happened and how to properly report it. Our experienced New York City attorneys can advise you on the legal protections available to you if you have been harmed by same-sex sexual harassment. Contact us online or call us at (212) 248-7431 for a free appointment with an employment discrimination lawyer. We battle workplace misconduct in the Bronx, Queens, Brooklyn, Staten Island, and Manhattan, in addition to Nassau, Suffolk, and Westchester Counties.

PHILLIPS & ASSOCIATES
45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107

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I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
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