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Yonkers Sexual Harassment

Yonkers Lawyers Dedicated to Advocating for Employees

Yonkers is a city that is known in part for being the setting of a famous Neil Simon play. The median income for a family in the city is $53,000. There are 88.6 males for every 100 females in Yonkers. Workplace sexual harassment is one form of sex discrimination under Title VII of the Civil Rights Act of 1964. It is also prohibited under the New York State Human Rights Law. If you have been a victim of workplace sexual harassment, you may be dealing with a wide range of negative emotions, including shame, embarrassment, and distress. Unfortunately, although sexual harassment is illegal, employers too often tolerate it, pretend not to see it, or protect harassers. At Phillips & Associates, our Yonkers sexual harassment lawyers counsel and represent victims of workplace misconduct in lawsuits for damages.

Sexual Harassment Takes Many Forms

Sexual harassment is prohibited under Title VII. However, Title VII only applies to employers that have at least 15 employees. It caps compensatory and punitive damages. In many cases, it is wiser to pursue a sexual harassment lawsuit under the New York State Human Rights Law, which prohibits sexual harassment in all workplaces in New York, even those with just one employee.

You are entitled to work in an environment that is free of sexual harassment. Sexual harassment can include a wide range of offensive conduct, such as derogatory remarks, innuendoes, jokes, pranks, pornographic visual images, touching, or groping.

For a sexual harassment attorney in Yonkers to bring a valid claim on your behalf, the harassment must be either quid pro quo harassment or hostile work environment harassment. "Quid pro quo" means "this for that." It occurs when a supervisor, manager, or someone else with authority in the workplace offers a benefit in exchange for a sexual favor or offers not to take an adverse action in exchange for a sexual favor. Hostile work environment harassment, meanwhile, can be perpetrated by supervisors, managers, coworkers, clients, or customers, and it must be either so severe or so pervasive that it alters the terms and conditions of employment. Men or women can perpetrate sexual harassment, and similarly, victims can also be of either gender or can be transgender.

You should report any sexual harassment that you experience according to the grievance procedures outlined in your employment handbook. If there is no grievance procedure outlined in your employment handbook, it is usually a good idea to provide a verbal and written complaint to HR, along with any supporting documentation. For example, if you received sexually explicit emails from a coworker, you should attach them to your complaint to HR.

Under state law, you can hold your employer strictly liable for sexual harassment perpetrated by an owner or high-level manager. This means that even if none of the other managers or owners knew about the harassment, the employer is liable for it. A Yonkers sexual harassment attorney can help hold your employer strictly liable for a supervisor or lower level manager's sexual harassment only if he or she has enough control over your working conditions.

Generally, however, your employer is only liable for sexual harassment by a coworker under state law if it knew or had reason to know of the harassment. This makes it very important to use internal grievance procedures and allow an employer to take corrective action. Only if the employer does not respond satisfactorily or if it retaliates against you would it make sense to pursue the claim as a lawsuit.

Damages are different under state law as opposed to Title VII. In most cases, you will have more protection under the New York State Human Rights Law because it covers more employers and does not cap damages. However, under state law, you cannot recover punitive damages, which are damages awarded to punish the employer. Each situation has unique aspects, which make it important to consult an experienced employment litigator about a strategic approach.

Explore Your Options with a Sexual Harassment Lawyer in the Yonkers Area

At Phillips & Associates, our experienced attorneys help people who suffer from sexual harassment or discrimination on the job. If you believe that you have been a victim of sexual harassment, you should contact us at (833) 529-3476 or through our online form to set up a free case evaluation.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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