Sexual Harassment Outside of the Office is a real concern for many NYC workers. A recent study found that 81% of women have experienced sexual harassment outside of the workplace.
Every employee is protected from sexual harassment. Under the law, there are two types of sexual harassment in the workplace: quid pro quo and hostile work environment.
Quid pro quo is a type of sexual harassment where the victim is offered some sort of benefit or prevention of a negative (such as being reported for poor performance) in exchange for sexual favors.
Hostile work environment, on the other hand, is a broader term defined by the Equal Employment Opportunity Commission (EEOC) that encompasses any action that is:
- Unwelcome conduct, or harassment, based on sex, race, pregnancy, religion, national origin, age, disability, or genetics
- Harassment that is continued and long-lasting
- Conduct that is severe enough that the environment is intimidating, offensive, or abusive
If either occurs within or outside the office setting, the victim can file a lawsuit to pursue compensation for damages.
Where Can Sexual Harassment Outside of the Office Occur?
In some instances, however, workplace sexual harassment occurs in non-office settings. Examples include, but are not limited to:
- Holiday parties
- Client visits
- Team-building events/functions
What Are Some Examples of Sexual Harassment Outside the Office?
Sexual Harassment Outside of the Office can come in many forms, including:
- Jokes of a sexual nature
- Sexist comments
- Sexual advances
- Unwanted touching
- Giving sexually inappropriate gifts
- Games that require physical touching
Whatever the form, this harassment can have long-term negative effects on the victim’s personal and professional life.
What Laws Protect Me From Sexual Harassment Outside the Office?
The federal law that protects employees from Sexual Harassment Outside the Office is Title VII of the Civil Rights Act of 1964. As a form of sexual discrimination, sexual harassment is prohibited by the Act.
Who is Protected?
The federal law only protects employees from sexual harassment outside the workplace. Examples of employees include, but are not limited to:
- Seasonal workers
- Temporary workers
- Individuals assigned to your business under a work program
- Undocumented individuals
Even volunteers can be employees in some cases.
There are also state laws that protect you from sexual harassment in these instances including the New York City Human Rights Law and New York Executive Law. Notably, these laws extend the protections of federal law to encompass independent contractors, freelancers, and other workers.
To find out whether you are protected by state or federal law, contact one of our experienced Sexual Harassment Attorneys in NYC.
How Can I File a Lawsuit for Sexual Harassment Outside the Workplace?
Before you can file a federal lawsuit against your employer, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days of the incident. If you fail to do so, you will lose the ability to file a lawsuit.
The next step to filing a lawsuit for damages is to contact one of our Workplace Harassment Lawyers in NYC. Our attorneys will be able to guide you through the process, advocate on your behalf, and pursue compensation for you. If you’re a victim of sexual harassment outside the workplace, call Ricotta & Marks, P.C. today at (347) 535-0999. Your rights will be upheld and advocated for at every possible time.