Sexual Harassment Lawyer for Massage Therapists in New York

Legal Representation for Victims of Gender Discrimination in New York City

Sexual harassment in the workplace is a pervasive issue affecting employees across many industries, including those working as massage therapists. In massage therapy studios, where trust and physical proximity are key elements of the job, employees are often vulnerable to harassment from both customers and management. Unfortunately, many therapists, particularly in New York City, face the disturbing reality of having to endure inappropriate sexual advances or behavior as part of their work.

If you're a masseur or therapist who has experienced sexual harassment from a boss or a customer, you may be entitled to legal remedies and damages. The New York City attorneys at Phillips & Associates are experienced in handling sexual harassment claims and can offer you guidance on your legal rights, potential damages, and the process of pursuing a claim.

Sexual Harassment in the Massage Therapy Industry: A Unique Problem

Massage therapists are often in vulnerable positions due to the nature of their work. The trust clients place in them, combined with the physical proximity required for therapy, creates an environment where misconduct may occur. In many cases, the power dynamics between management and staff, and between employees and clients, can lead to harassment, particularly when tips and customer satisfaction are tied to a therapist’s livelihood.

Whether from a boss or a client, sexual harassment is never acceptable. It is crucial to understand that even when financial pressure or workplace expectations may seem to encourage tolerance of inappropriate behavior, you have legal protections. The law provides clear definitions and protections against various forms of harassment in the workplace.

Types of Sexual Harassment in the Workplace

Sexual harassment in the workplace typically falls into two broad categories: quid pro quo harassment and hostile work environment harassment. In a massage therapy studio, both forms of harassment can occur, whether from a supervisor, manager, or customer.

1. Quid Pro Quo Harassment

Quid pro quo harassment occurs when an employer offers employment benefits in exchange for sexual favors. For example, your boss may offer you more clients, higher-paying clients, or other work-related advantages in exchange for engaging in sexual activity or allowing inappropriate behavior. This type of harassment is clearly illegal and violates your right to a workplace free from coercion.

2. Hostile Work Environment Harassment

Hostile work environment harassment happens when sexually suggestive behavior or comments are so severe or pervasive that they create a toxic and unbearable work atmosphere. In massage therapy settings, this can involve repeated sexual comments, physical advances, or inappropriate behavior by clients or bosses.

This type of harassment can include behaviors such as:

• Sexual jokes
• Inappropriate text messages or emails
• Persistent requests for dates
• Unwelcome touching or groping
• Displaying sexually explicit materials
• Sexual advances by customers

Even if the harassment is isolated to one extreme incident, such as a physical assault or overtly sexual request by a customer, it could still create a hostile work environment and may form the basis of a legal claim.

Understanding Your Rights and Legal Options

Under both state and federal laws, you have the right to work in an environment free from sexual harassment. Specifically, New York City provides strong legal protections against workplace harassment through its Human Rights Law. Whether the harassment comes from your boss, co-workers, or customers, the law protects you from discrimination and inappropriate behavior based on your gender or sex.

Key Legal Points

• You do not need to tolerate harassment: Employers must take reasonable steps to prevent harassment and stop it when they know about it. If you report harassment and your employer fails to act, they may be held liable.
• You have the right to compensation: If you've been harassed, you may be entitled to compensation, including damages for emotional distress, lost wages, and attorney fees.
• Protecting yourself from retaliation: It is illegal for an employer to retaliate against you for reporting harassment. This means you cannot be punished or fired for speaking out about inappropriate conduct.

If you are subjected to harassment, you have several options:

1. Report the harassment to HR or another authority in your workplace.
2. Document the behavior: Keep a detailed record of the harassment, including dates, times, people involved, and the nature of the incidents.
3. Seek legal advice: If the harassment continues or your employer does not take corrective action, a lawyer can help you understand your options.

Sexual Harassment by Clients: Special Considerations for Masseur Studios

In massage therapy settings, harassment can sometimes come from clients. While bosses and managers have clear authority in the workplace, customers may feel they can get away with inappropriate behavior, especially if their behavior is tolerated by management.

Common Forms of Client Harassment

• Sexual propositions or comments
• Touching or asking for inappropriate physical contact
• Demanding sexual favors in exchange for tips or better treatment
• Repetitive sexual behavior despite being asked to stop

What to Do If You Are Harassed by a Client

1. Speak up: Politely but firmly ask the client to stop their behavior and make it clear that their conduct is unacceptable.
2. Report to management: Notify your employer or supervisor immediately if a client is harassing you, and ask them to address the issue.
3. Refuse service: If the harassment continues, refuse to continue providing service to the client. Your safety and comfort should always come first.

How Phillips & Associates Can Help

The experienced attorneys at Phillips & Associates understand the emotional toll that sexual harassment can have on employees, especially those working in sensitive and physically demanding professions like massage therapy. Our team is dedicated to helping you navigate the legal process, ensuring your rights are protected, and fighting for the compensation you deserve.

We proudly serve sexual harassment victims throughout the five boroughs of Manhattan, Queens, the Bronx, Brooklyn, and Staten Island.

If you have been sexually harassed at work, we're here to help. Contact us today for a free consultation to discuss your case in a confidential, supportive setting. Call us at (866) 229-9441 or reach out through our online contact form.