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Advertising Industry

New York Advertising Industry Sexual Harassment Lawyer

Gender Discrimination Attorneys Representing Employees in New York, New Jersey, Pennsylvania, and Florida

Although decades have passed since the "Mad Men era," sexual harassment in the advertising industry remains a significant problem in New York City. Women have a disproportionate impact on purchasing decisions in the marketplace, but a huge number of leadership roles in the advertising industry still belong to men. Often, male supervisors or clients commit sexual harassment against female employees. All employees have the right to work at jobs free of harassment. At Phillips & Associates, our New York City advertising industry sexual harassment lawyers help victims of misconduct in the workplace file charges with the EEOC, negotiate settlements, and bring lawsuits to trial when necessary.

Call us at (866) 229-9441 or fill out our online form to get started. Let us fight for your dignity and your future.

Sexual Harassment in the Advertising Industry

It is illegal to harass an employee or job applicant because of their sex or gender. Sexual harassment in the workplace is a form of gender discrimination that is prohibited by federal, state, and local laws, including Title VII of the Civil Rights Act of 1964. Prohibited harassment can include requests for sexual favors, offensive comments, and unwelcome sexual advances. Victims and perpetrators of sexual harassment can be of any gender and may include coworkers, supervisors, or even clients or customers.

Types of Sexual Harassment in the Advertising Industry

  • Quid Pro Quo Harassment: This occurs when a supervisor or client offers job benefits in exchange for sexual favors or threatens job-related consequences for refusing to comply. In advertising, this might happen during pitches, creative brainstorming sessions, or client meetings.
  • Hostile Work Environment: A hostile environment arises when repeated offensive comments, unwelcome advances, or sexualization of employees create an intimidating or demeaning atmosphere. This can happen in brainstorming sessions, ad concept meetings, or even casting calls.

In the advertising industry, harassment may also manifest as the sexualization of employees, particularly in roles such as modeling, acting, or other performance-based jobs, where workers are expected to adhere to unrealistic physical standards.

Reporting and Legal Process Specific to the Advertising Industry

  • Freelancers and Independent Contractors: Many advertising industry employees are freelancers or independent contractors, rather than full-time employees. Sexual harassment laws apply to these workers as well, although they may face challenges due to the lack of long-term employment protections. Legal recourse remains available, and you have the right to pursue justice if you are harassed.
  • Filing a Complaint with the EEOC: If you experience sexual harassment, the first step is often to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim and may assist in resolving it or grant permission to file a lawsuit. We can guide you through the process step-by-step.
  • Agency Response to Complaints: Advertising agencies are legally required to address and investigate any claims of harassment, whether perpetrated by supervisors, coworkers, or clients. If an employer fails to take action, or if retaliation occurs, they may be held accountable through a lawsuit.

Common Challenges for Sexual Harassment Claims in the Advertising Industry

  • Fear of Professional Consequences: Many employees in the advertising industry fear the loss of clients, professional relationships, or career advancement if they report harassment. It's important to understand that legal protections against retaliation exist, and an experienced lawyer can help you navigate these concerns.
  • Power Imbalances and Client Relationships: Advertising often involves close relationships with clients, who may hold significant influence over an employee's career. The fear of damaging client relationships may deter employees from reporting harassment. We can help you explore your options and protect your professional future while seeking justice.

Damages for Sexual Harassment Claims in Advertising Industry

If you successfully establish sexual harassment in court, you may be entitled to recover damages, including:

  • Back Pay: If your career was adversely affected (e.g., termination, demotion) because of harassment, you can recover wages, bonuses, stock options, and retirement benefits that you would have earned had the harassment not occurred.
  • Front Pay or Reinstatement: If you were terminated, you may receive front pay as compensation for lost wages from the date of judgment into the future or be reinstated to your original position.
  • Compensatory Damages: These damages are awarded for emotional and reputational harm caused by harassment. For example, if harassment damaged your reputation in the industry or caused emotional distress, compensatory damages could be awarded.
  • Punitive Damages: In cases of egregious misconduct by the employer (such as turning a blind eye to client harassment), punitive damages may be awarded to punish the employer and deter future misconduct.

How to Handle Sexual Harassment in the Moment

If you are currently experiencing sexual harassment in the workplace, take the following steps:

  • Document the Incident: Keep a record of the harassment, including dates, times, and details of what happened. If possible, gather witnesses who may have seen or overheard the behavior.
  • Report the Harassment: If you feel safe doing so, report the incident to your supervisor, HR, or another appropriate person in your agency. In cases where reporting internally isn’t an option, we can guide you in filing a complaint with the EEOC.
  • Confront the Harasser (If Safe): In some cases, directly confronting the harasser can help stop the behavior. However, only do this if you feel safe and are comfortable with it.

Consult a Advertising Industry Sexual Harassment Lawyer in New York City

If you have been sexually harassed in the advertising industry, you should consult a New York City sexual harassment attorney about your potential claims. At Phillips & Associates, our gender discrimination lawyers provide tenacious legal representation against advertisers and other employers. We are committed to fighting for the rights of those who have experienced sexual harassment and discrimination in the advertising industry.

Contact us at (866) 229-9441 or through our online form for a free consultation. We fight employer misconduct throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and Westchester.

Discrimination Lawyer Success

MORE THAN $250 MILLION RECOVERED FOR PAST CLIENTS
  • $1.8 Million Race Discrimination

    Won a substantial $1.8 million verdict in the Southern District of New York for John Pardovani, with $800,000 in compensatory damages and $1,000,000 in punitive damages. This result was led by Jesse S. Weinstein and Gregory W. Kirschenbaum.

  • $280 Thousand Race Discrimination

    Secured a pivotal ruling in New York where a federal jury declared that the use of the N-word in the workplace is never acceptable, reinforcing workplace equality and respect.

  • $2.2 Million Race Discrimination & Retaliation

    Secured a landmark $2.2 million verdict in Rosas v. Balter Sales, et al., affirming justice for race discrimination and retaliation in 2015. Led by Greg Kirschenbaum.

  • $1.4 Million Religious & Sexual Orientation Discrimination

    Achieved a groundbreaking $1.4 million verdict in 2012 for a chef facing religious and sexual orientation discrimination, marking the highest employment law verdict of the year. Bryan Arce was instrumental in this win.