New York Industry Sexual Harassment Attorney

Advocating for Employees in New York, New Jersey, Pennsylvania, and Florida

Although newspaper headlines have often focused on allegations of sexual harassment in Hollywood, politics, and high-profile work environments, sexual harassment is prevalent across many industries. In fact, many of these cases don't make the headlines. For example, women of color are particularly vulnerable to becoming victims of sexual harassment in low-wage industries like the restaurant and hotel sectors. If you have been harmed by sexual harassment, you should consult the New York City industry sexual harassment attorneys at Phillips & Associates. We understand the various forms of sexual harassment across industries and the particular challenges that people in different sectors may face when bringing a lawsuit.

Don’t suffer in silence. Our New York attorneys specialize in handling workplace harassment cases across industries. Contact us today for help.

Sexual Harassment by Industry

Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law all prohibit sexual harassment in the workplace. A study of 85,000 sexual harassment charges filed with the EEOC over a decade revealed that sexual harassment is prevalent across many different industries, but it occurs with differing frequencies. Around 80% of all sexual harassment charges are brought by women, but men also experience harassment.

From 2005-2015, sexual harassment charges were filed at the EEOC in the following industries:

• Accommodation and Food Services: 14.23%
• Retail Trade: 13.44%
• Manufacturing: 11.72%
• Health Care and Social Assistance: 11.48%
• Administrative Support, Waste Management and Remediation: 6.92%
• Public Administration: 6.48%
• Professional, Scientific, and Technical Services: 5.73%
• Transportation and Warehousing: 4.94%
• Finance and Insurance: 3.98%
• Educational Services: 3.98%
• Information Industry: 2.87%
• Construction: 2.52%
• Wholesale Trade: 2.27%
• Real Estate Rental and Leasing: 1.95%
• Arts, Entertainment, and Recreation: 1.61%

Industries like agriculture, forestry, fishing, hunting, and utilities had allegations that made up less than 1% of the charges filed at the EEOC.

Types of Sexual Harassment

Sexual harassment in the workplace generally falls into two categories:

• Quid Pro Quo: This occurs when an individual is pressured to submit to sexual advances in exchange for job benefits, such as promotions, raises, or continued employment.
• Hostile Work Environment: This type of harassment happens when unwelcome sexual conduct creates a work environment that is intimidating, offensive, or hostile. Examples include inappropriate comments, unwanted physical contact, and lewd jokes.

Both types of harassment can be devastating, and understanding which form you are experiencing can help in deciding how to move forward legally.

Industry-Specific Examples of Sexual Harassment

• Food and Hospitality Industry: Employees in low-wage service jobs, like those in the restaurant and hotel industries, often face harassment from both customers and supervisors. Examples include inappropriate comments, unwanted touching, or coercive requests for sexual favors in exchange for tips or job stability.
• Law Firms: Sexual harassment can take many forms in law firms, from inappropriate comments to uninvited physical advances. Harassment by senior partners or colleagues can create a toxic work environment, making it difficult for victims to report without fear of retaliation. Power dynamics in law firms can exacerbate this problem, especially when victims fear the impact on their career trajectory.
• Nightclub Industry: Workers in nightclubs, including dancers, bartenders, waitstaff, and even security personnel, may experience harassment from customers, managers, or even other staff. Due to the nature of the nightlife environment, employees may feel pressured to tolerate inappropriate behavior or risk losing tips or their job.
• Massage Therapy (Harassment by Bosses): In the massage therapy industry, clients may not be the only source of harassment. Employees can also face inappropriate behavior from their bosses, such as unwanted comments, physical advances, or demands for sexual favors in exchange for better shifts or promotions. Victims often feel trapped in this situation due to the small and intimate nature of the workplace.
• Wall Street/Financial Industry: The Wall Street and financial sectors are notorious for having high-pressure, male-dominated environments where sexual harassment is a common, though often hidden, issue. Women in finance may face harassment in the form of inappropriate comments, discriminatory treatment, or sexual advances from colleagues or superiors, leading to workplace inequality and creating an uncomfortable or unsafe working atmosphere.
• Healthcare and Social Assistance: Healthcare workers, including nurses and support staff, frequently face harassment from patients and coworkers. Given the hierarchical nature of healthcare settings, victims often feel powerless to report harassment for fear of retaliation or job loss.
• Retail and Customer Service: Retail workers may experience harassment from customers or even coworkers. In particular, workers who rely on commissions or tips may fear that reporting harassment could lead to a loss of income or negative treatment from customers.
• Construction and Manufacturing: These traditionally male-dominated industries often see more overt harassment. This may include unwanted advances or inappropriate behavior from male coworkers or supervisors. Women in these fields may struggle with a lack of support or fear of being marginalized.

Intersectionality and Vulnerable Populations

Certain groups, particularly women of color, LGBTQ+ individuals, and people with disabilities, face disproportionate risks of sexual harassment. In industries such as food service and hospitality, these groups are often subjected to higher rates of abuse and exploitation. Understanding the intersectional nature of sexual harassment can be key in understanding why these populations face unique challenges in the workplace.

Legal Rights & Protections in NY Against Industry Harassment

Sexual harassment is illegal in all of the industries mentioned, and several laws exist to protect employees from harassment:

• New York State Human Rights Law: Even if you are the only employee, your employer is still prohibited from sexually harassing you. For example, household employees (such as nannies or domestic workers) may be protected under this law.
• New York City Human Rights Law: Covers businesses with as few as five employees and provides strong anti-retaliation protections. If you report sexual harassment in good faith, your employer cannot retaliate against you, even if a court later determines you were not harassed.

These legal protections ensure that you are not alone in the fight for your rights. No matter your job, you are protected from sexual harassment under federal, state, and local law.

What to Do If You Are Harassed

If you are experiencing sexual harassment, the following steps can help protect your legal rights:

1. Document the Harassment: Keep detailed notes of the incidents of harassment, including dates, times, and any communications that may serve as evidence.
2. Report the Harassment: Notify your employer, manager, or HR department. If possible, report the issue in writing to create a record of your complaint.
3. Seek Legal Counsel: Contact an industry sexual harassment lawyer to discuss your case and explore legal options for pursuing compensation and stopping the harassment.
4. File a Formal Complaint: If your employer does not take action, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or your local Human Rights Commission.

Barriers to Reporting Sexual Harassment

Employees in certain industries, especially those with low wages or unstable employment, may face significant barriers to reporting harassment. Fear of retaliation, job loss, or workplace alienation are common reasons why employees don't report. However, anti-retaliation laws exist to protect individuals from losing their job or facing punishment for reporting harassment in good faith.

Retaliation Protection in Detail

Retaliation is a serious concern for many workers who experience harassment but fear reporting it. Retaliation can include any adverse action, such as demotion, termination, or harassment after a report is made. However, under the New York City Human Rights Law, retaliation is prohibited even if you were mistaken about the harassment, as long as you made the complaint in good faith.

Client Testimonials and Case Studies

"Great Attorney! Highly Recommended! I came to meet with Bill Phillips over a sexual harassment case and even when some things felt a little uncomfortable to talk about he was understanding and made me feel very comfortable communicating with him." - Sexual Harassment Client

Frequently Asked Questions (FAQ)

Q: What should I do if my manager is the one harassing me?
A: You should report the harassment to another trusted authority, such as HR, and keep detailed records of all incidents. It’s essential to protect your rights and seek legal advice.

Q: Can I sue if the harassment happened outside of work?
A: Yes, harassment can happen outside the workplace, especially in settings like business trips or company events. Your legal rights remain intact.

Seek Representation from a Sexual Harassment Lawyer in New York City

Our attorneys are sensitive to how degrading and demeaning sexual harassment can be. We understand the different forms of harassment across industries in New York City and the surrounding area. We fight employment discrimination in the Bronx, Queens, Brooklyn, and Manhattan, as well as in Nassau, Suffolk, and Westchester Counties and in New Jersey.

We are ready to advise you on your options for legal recourse. Call us at (866) 229-9441 or contact us via our online form for a free consultation with an experienced New York industry sexual harassment attorney.