Where Do Women Draw the Line with Sexual Harassment?
By Matthew Marks on June 23rd, 2015 in In The News
Coming forward with a sexual harassment complaint in the workplace can be intimidating. In fact, according to a national phone survey conducted by the Australian Human Rights Commission (AHRC), the majority of individuals who experience sexual harassment in the workplace fail to report the incident. One reason may be that this type of inappropriate behavior can take many forms, including offensive jokes, suggestive comments, awkward stares, or unwelcome touch. Another may be the fear of derailing a career because of speaking out. Whatever the circumstances, a victim of sexual harassment has the right to report the unsuitable workplace behavior without retaliation. Contact the most aggressive and knowledgeable sexual harassment lawyer NYC has to offer to handle your case.
What is Sexual Harassment?
Generally, sexual harassment is defined as unwelcome sexual advances, other verbal or physical conduct of a sexual nature, or requests for sexual favors. Under Title VII of the Civil Rights Act of 1964 (Title VII), discrimination on the basis of sex (among other factors) is prohibited. This federal law applies to employers with more than 15 employees and includes federal, state, and local governments.
Sexual harassment is not limited by gender and, as such, Title VII governs opposite sex and same sex harassment. Furthermore, harassers aren’t always direct supervisors. A harasser may be a co-worker, a supervisor in another department, or someone employed at another workplace. In fact, the victim of sexual harassment can be an employee who is indirectly – but negatively – affected by the offensive conduct.
Some states have adopted protections that go beyond Title VII. In New York, for example, the NYC Commission on Human Rights prohibits employer retaliation against those who:
● opposed the unlawful discriminatory practice or made a charge;
● testified, or assisted, or participated in an investigation, proceeding or hearing; and
● have a reasonable good faith belief that the employer’s conduct is illegal, even if it turns out to be a mistake.
Under NY sexual harassment law, the organization must have four or more employees in order for individuals to benefit from the protections of the state law. The law prohibits discrimination in several areas, including salary, benefits, promotions, discipline, performance evaluations, hiring, firing, and work assignments.
Sexual Harassment Lawyer NYC
If you or someone you know has been experiencing sexual harassment in the workplace from colleagues or a supervisor, contact Ricotta & Marks, P.C. , one of the most experienced sexual harassment lawyer NYC has to offer. Our legal professionals are well-versed in federal, state and local laws that govern these cases. Contact the NYC office at (347) 464-8694 today for a free case evaluation.