New York City Workplace Harassment Attorney 

Pregnancy Harassment

If you can show that you were treated less well than other employees due to your pregnancy, you may have a claim for pregnancy harassment under the New York City Human Rights Law. To recover damages under the city law, you must be employed by an employer with at least four employees. Pregnancy harassment is also prohibited under state and federal laws. A claim under these laws involves showing that your workplace was permeated with discriminatory actions or statements that were sufficiently severe or pervasive to alter the conditions of your work environment. In a Pregnancy Discrimination case, we typically look at the timing of the “adverse action” (meaning the demotion, change in position, reduction in salary, or termination). Specifically, the adverse action will occur in one of three periods: shortly after you told your employer you were pregnant, when you started to show, or when you returned from maternity leave. Additionally, you may experience harassing comments about your appearance, ability to work and be a parent, or even comments regarding whether you will keep the baby. These comments about your pregnancy, along with the temporal proximity of the adverse job action, may help prove your Pregnancy Discrimination case. Some women will have a job offer rescinded after disclosing that they were pregnant or asking about maternity leave policies. You may also have a claim for “failure to hire” if you were not given a job based on your pregnancy.

Racial Harassment 

If you are subject to racial slurs, derogatory images, racist symbols, or other offensive conduct or comments due to your race, you may have a claim for racial harassment under city, state, or federal laws. To establish a claim under the New York City Human Rights Law, you would need to show that you were treated less well than others due to your race. For example, if you receive a noose from your coworkers or are called the n-word, a workplace harassment attorney in New York City can help you bring a claim. The city law is interpreted broadly to allow for the remedial purpose of the law to be effectuated. More stringent standards apply to state and federal claims.

National Origin Harassment 

If you are treated less well than others due to your actual or perceived national origin, you may have a claim for national origin harassment under the New York City Human Rights Law. Harassing conduct from your national origin may consist of derogatory remarks, slurs, insults, physical bullying, and more. To recover damages under state or federal law, the harassing conduct must be so severe or pervasive that it permeates the workplace, creating a hostile work environment.

Age Harassment

The New York City Human Rights Law, the New York State Human Rights Law, and the federal Age Discrimination in Employment Act (ADEA) prohibit age harassment. However, the ADEA protects only workers at age 40 from age-based harassment and discrimination. The state law applies to workers who are at least 18. The city law prohibits age harassment against workers of any age. To recover damages, you must show that you were treated less well than others in the workplace due to your age.

Criminal History Harassment

You may be able to recover damages for criminal history harassment under the city or state laws. To recover under the city law, you must show that you were treated less well than others due to your protected criminal history. The standard is higher to recover damages under the New York State Human Rights Law. Your New York City workplace harassment attorney would need to show that discriminatory remarks or conduct related to your criminal history permeated the workplace so intensely that it became abusive or hostile.

Gender Harassment

Gender harassment is a type of sex discrimination that occurs if somebody harasses a worker due to their gender. Often, gender harassment involves stereotypes about the roles or functions associated with a gender. If you were treated less well than others in the workplace due to your gender, you may have a claim for gender harassment under the city law. Under the state law, you will need to establish that the gender harassment was so severe or pervasive that it created an abusive workplace.

Sexual Orientation Harassment

Sexual orientation harassment is expressly prohibited under city and state laws. Under the New York City Human Rights Law, you will need to show that you were treated less well than other employees because you were gay, lesbian, bisexual, or heterosexual or perceived as being so. You also can bring a claim under the Sexual Orientation Non-Discrimination Act, a state law. The Equal Employment Opportunity Commission (EEOC) has issued guidance indicating that it believes that sexual orientation discrimination is a form of gender discrimination under Title VII, which would make sexual orientation harassment a form of gender harassment under federal law. However, this issue is not entirely settled.

Disability Harassment

Local, state, and federal laws prohibit disability harassment. Each of these laws defines a disability differently. Under the New York City Human Rights Law, which is most protective, a disability is defined as any physical, medical, psychological, or mental impairment or a history or record of such an impairment. If you are treated less well than other employees due to a disability that meets this definition, whether it is an actual or perceived disability, you may be able to recover damages under the city law. The New York State Human Rights Law and the Americans with Disabilities Act (ADA) also protect against disability harassment in the workplace.

FAQs About Workplace Harassment

What Should I Do if I Experience Workplace Harassment?

If you experience workplace harassment, taking immediate action to protect your rights is essential. Start by documenting the harassment incidents, including dates, times, locations, and any witnesses. This documentation will be crucial if you decide to pursue legal action later. Report the harassment to your employer or HR department as soon as possible, following the company's designated procedure for handling such complaints. If the harassment persists or your employer fails to address it adequately, consider consulting with a workplace harassment attorney in New York City who can guide you through your options and help you pursue any necessary legal remedies.

Can Employees File Harassment Claims Without Risk of Retaliation?

Under New York City employment laws, employees can file harassment claims without fear of retaliation. Retaliation occurs when employers take adverse actions against an employee who has reported workplace harassment, such as demotion, termination, or salary reduction. Such retaliatory acts are illegal, and employees are protected under anti-retaliation provisions of workplace harassment laws. If you suspect retaliation, seek legal counsel to help secure your employment rights and file any further claims if necessary. A workplace harassment lawyer in New York City will help navigate these complexities to protect you from further adversities.

Are Managers Held to a Higher Standard in Preventing Workplace Harassment in New York City?

Yes, managers and supervisors in New York City are held to a higher standard in preventing workplace harassment. They have a legal duty to investigate harassment claims promptly and take adequate measures to prevent further incidents. Managers act as representatives of their employers, meaning any failure to address or prevent harassment appropriately can hold the employer liable. Moreover, comprehensive training for managerial staff is encouraged to ensure they understand the nuances of harassment law and their obligations in enforcement and prevention.

Contact Our Workplace Harassment Attorney in New York City Today

If you were harmed by harassment at your job, you should consult a seasoned employment law lawyer. Phillips & Associates represents victims of harassment in Manhattan, Queens, the Bronx, Brooklyn, and Staten Island, along with Westchester, Nassau, and Suffolk Counties, New Jersey, and Pennsylvania. 

Contact Phillips & Associates, PLLC today to get started with our New York City workplace harassment attorney.