New York Sexual Harassment Lawyer
Trusted Legal Help for Sexual Harassment Victims in the Workplace
Sexual harassment, or any kind of harassment, does not belong in the workplace. Every employee deserves to work in a safe and respectful environment that brings out enhanced work performance and worker satisfaction with a job well done. Unfortunately, sexual harassment does occur in work environments throughout the country and when it does, it is a violation of the law. In these cases, it is vital to hold harassers and their employers accountable for the benefit of the victim’s well-being as well as for the safety of all other employees in the area.
At T. A. Blackburn Law, PLLC, we are devoted to ensuring that all employment laws are followed and maintained in New York workplaces including those prohibiting sexual harassment. We understand the toll such behavior can take on any employee, whether you are a man or woman, an executive, mid-level worker, restaurant worker, or any other type of employee. We handle cases of sexual harassment and employment law violations every day which has given us the necessary knowledge, skills, and insight into how to effectively fight back for our clients.
What Constitutes Sexual Harassment?
Sexual harassment consists of unwelcome behavior that has a sexual nature. It can occur in many different ways by various individuals in a work environment. These can include your supervisor, supervisors elsewhere in the company, co-workers, any other staff, and even a person who is not employed where you work but is a client, customer, vendor, or other third-party. It can occur at all levels of the employment strata and can include both men and women and individuals harassing someone of their own sex. It is considered a type of sex discrimination in the workplace which is prohibited under Title VII of the Civil Rights Act of 1964.
Basically, two types of sexual harassment have been outlined under Title VII which are:
- Quid pro quo, which consists of the victim having to tolerate some form of sexual harassment in return for an employment favor, such as a promotion, a raise, or even maintaining one’s job. Quid pro quo literally means “something for something.”
- Hostile work environment occurs when the sexually harassing conduct has become so severe or persuasive in the area that it becomes abusive or offensive; this type of environment may be intimidating or cause enough discomfort and fear to negatively affect one’s ability to perform at work.
Examples of sexually harassing behaviors can include:
- Touching that is inappropriate. This can include patting, brushing up against the individual, rubbing.
- Commenting in a sexual way about the other person’s body or appearance.
- Making inappropriate gestures of a sexual nature.
- Telling jokes or stories of a sexual nature.
- Sending inappropriate emails, cartoons, photos, memes, gifs, videos, or other visual material of a sexual nature via office email accounts.
- Hanging posters, calendars, or other material of a sexual nature in the work environment.
- Asking the other person about their sexual history, preferences, or orientation.
When being subjected to sexual harassment, you should lodge a complaint with your employer. This must be done before you can file a formal complaint with the Equal Employment Opportunity Commission (EEOC). Where it becomes necessary to make a formal or legal claim that can be proven against the employer, the employer may be held liable for both compensatory as well as punitive damages. Compensatory damages can be imposed to cover any harm you suffered, such as emotional distress. Punitive damages may apply in cases where the employer was guilty of malice or indifference concerning the abuse.
You spend a great deal of your life at work. That time spent should not be hampered by the negative or abusive effects of sexual harassment. Our firm is passionate about protecting your employment rights. If you believe you have suffered workplace sexual harassment, we recommend you discuss your situation with our sexual assault attorney in Brooklyn to get the legal guidance you need.
Contact us at (347) 427-5999 to arrange for a confidential consultation.
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T. A. Blackburn Law, PLLC valiantly challenges major corporations, government institutions, and those who irresponsibly wield their power to restore dignity to clients.
Mr. Blackburn knows that your case is worth pursuing and he will keep fighting until he has no fight left.
As someone who has faced discrimination and injustice himself, Mr. Blackburn understands what it takes to craft winning strategies.
Mr. Blackburn has taken several cases to administrative agencies like the EEOC and to State and Federal court, most of which have led to significant victories and settlements.
If you believe you were wronged, don't hesitate to get legal counsel and representation by a skilled and knowledgeable attorney. Reach out to T. A. Blackburn Law, PLLC today to speak with an attorney today.