While stories of sexual harassment are common in today’s news, another type of harassment is just as harmful and as prevalent. Third-Party Harassment in New York City is a serious problem that can have long-term detrimental effects on the victim’s mental and emotional state. But the harm doesn’t stop there – oftentimes, a victim’s financial stability will be compromised either by the loss of wages or losing their job entirely.
At Ricotta & Marks, P.C., we believe that all victims of Third-Party Harassment deserve justice. In this article, we’ll explore Third-Party Harassment and what you can do if you are a victim.
What is Third-Party Harassment?
In NYC, sexual harassment is considered discrimination and is illegal.
A type of sexual harassment in the workplace, Third-Party Harassment occurs when someone other than an employee is responsible for the harassing behavior. Because employers have less control over third parties, bringing a claim for Third-Party Harassment differs from a standard sexual harassment case.
To qualify as Third-Party Harassment, the behavior in question must additionally meet the requirements for either quid pro quo harassment or hostile work environment.
For example, if an independent contractor sends you unwanted sexual text messages or photos your employer can be held liable. This is considered textbook sexual harassment and is illegal under the NYC Human Rights Law.
Similarly, let’s assume an independent contractor propositions you in exchange for not reporting you to management for a work error. In this instance, the type of sexual harassment is quid pro quo harassment. It is also illegal under NYC law.
Which third parties can be held liable?
Any harassment by someone other than a co-worker or other employee can qualify for a claim. Examples of third parties that can be held accountable include:
- Independent contractors
- Other third parties
Independent contractors are frequently perpetrators in white-collar sexual harassment claims.
What must the employer do to address the sexual harassment?
Before an action can be successful, you have to establish that the employer knew or should have known about the harassment. Simply filing an incident report regarding the matter is oftentimes enough evidence to prove liability.
Legally, employers must take immediate and appropriate action to both investigate the allegations and prevent further harassment. Actions that the employer can take vary depending on the specific details of your case.
What kind of compensation can I get if my employer is found liable?
If your employer is found liable for Third-Party Harassment, you may be entitled to compensation in several forms, including:
- Pain and suffering
- Mental anguish
- Lost wages
- Missed future wages
- Medical expenses
What if my employer retaliates against me for filing a claim?
It is illegal for your employer to retaliate against you for filing a third-party claim. If they do, you could be awarded compensation in the form of:
- Emotional distress
- Damage to your reputation
- Recover back wages
- Be promoted or reinstated
How do I get started filing a Third-Party Harassment case?
If you’ve been the victim of Third-Party Harassment, you may be unsure about what comes next. When you contact the experienced Sexual Harassment Attorneys NYC at Ricotta & Marks, P.C., you’ll get compassionate and qualified representation with your third-party claim. From start to finish, we will be there to advocate on your behalf and guide you through the complex legal channels of bringing a claim. Reach out to us today at (347) 535-0999 to defend your rights to be free from all forms of harassment in the workplace.