New York City Workplace Harassment Attorney 

Fighting For Those Who Have Experienced Harassment in the Workplace in New York

If you are experiencing workplace harassment, you don’t have to face it alone. At Phillips & Associates, PLLC, we are committed to safeguarding your legal rights and helping you seek justice. Our New York City workplace harassment lawyer will deliver compassionate support and aggressive legal representation to ensure your voice is heard.

Call Phillips & Associates, PLLC, today at (866) 229-9441 or contact us online to schedule a consultation with our workplace harassment lawyer in New York City.

Understanding Your Rights Regarding Workplace Harassment

Workplace harassment is a serious issue that can severely impact employees' well-being and productivity. Both employers and employees must understand their rights and obligations under federal and state laws regarding workplace harassment.

Some key points to consider include:

• The types of behavior that constitute harassment, such as unwanted advances, offensive comments, or discriminatory actions
• The protected characteristics under anti-discrimination laws, including race, gender, age, disability, and more
• The legal remedies available to victims of workplace harassment, such as filing a complaint with the Equal Employment Opportunity Commission (EEOC) or pursuing a civil lawsuit
• The responsibilities of employers to prevent and address workplace harassment, including implementing anti-harassment policies, conducting training sessions, and promptly investigating complaints

By educating yourself about workplace harassment laws, you can protect your rights and create a safe and respectful work environment for all employees.

Common Forms of Workplace Harassment

You should be able to go to work without fearing harassment. Unfortunately, some workers face harassment in the workplace due to aspects of their identities. Local, state, and federal laws forbid workplace harassment based on protected characteristics, such as sex, race, national origin, and disability. If you are subject to workplace harassment, you may be able to recover damages by bringing a lawsuit. At Phillips & Associates, our New York City workplace harassment attorneys may be able to help you.

Illegal Workplace Harassment includes:

• Sexual Harassment
• Pregnancy Harassment
• Gender Harassment
• National Origin Harassment
• Criminal History Harassment
• Sexual Orientation Harassment
• Racial Harassment
• Age Harassment
• Disability Harassment

How Is Workplace Harassment Defined Under New York State Law?

Under New York state law, workplace harassment encompasses unwelcome conduct related to race, color, national origin, religion, sex, age, disability, sexual orientation, gender identity or expression, or other protected characteristics. This conduct becomes illegal when it fosters a hostile work environment that hinders an employee’s ability to work or when enduring offensive behavior becomes a prerequisite for maintaining employment.

Instances of workplace harassment encompass offensive jokes, slurs, name-calling, physical attacks, threats, intimidation, mockery, and insults. Additionally, the law includes solicitations for sexual favors, unwanted sexual advances, and various other verbal or physical acts of sexual harassment.

If you are facing workplace harassment, consulting with a workplace harassment lawyer in New York City at Phillips & Associates, PLLC can help you understand your rights and legal options. Our employment law attorneys can guide you through filing a complaint and pursuing appropriate remedies to protect your workplace rights.

Understanding Sexual Harassment in New York

Sexual harassment is actionable whether it involves quid pro quo or a hostile work environment. Quid pro quo harassment occurs when a benefit of employment or protection from an adverse employment action is conditioned on an employee submitting to sexual advances. It can be perpetrated by an authority figure or a person in a position of power, such as a supervisor. Hostile work environment harassment is a type of sexual harassment that can be perpetrated by coworkers, supervisors, managers, customers, or clients. It can involve a wide range of conduct or comments that make the workplace abusive or hostile. Sexual harassment can include comments about your appearance, requests for sex, dates, and unwanted touching. In New York City, sexual harassment is prohibited regardless of the workplace size or how many workers are employed there.

Pregnancy Harassment

If you can show that you were treated less well than other employees due to your pregnancy, you may have a claim for pregnancy harassment under the New York City Human Rights Law. To recover damages under the city law, you must be employed by an employer with at least four employees. Pregnancy harassment is also prohibited under state and federal laws. A claim under these laws involves showing that your workplace was permeated with discriminatory actions or statements that were sufficiently severe or pervasive to alter the conditions of your work environment. In a Pregnancy Discrimination case, we typically look at the timing of the “adverse action” (meaning the demotion, change in position, reduction in salary, or termination). Specifically, the adverse action will occur in one of three periods: shortly after you told your employer you were pregnant, when you started to show, or when you returned from maternity leave. Additionally, you may experience harassing comments about your appearance, ability to work and be a parent, or even comments regarding whether you will keep the baby. These comments about your pregnancy, along with the temporal proximity of the adverse job action, may help prove your Pregnancy Discrimination case. Some women will have a job offer rescinded after disclosing that they were pregnant or asking about maternity leave policies. You may also have a claim for “failure to hire” if you were not given a job based on your pregnancy.

Racial Harassment 

If you are subject to racial slurs, derogatory images, racist symbols, or other offensive conduct or comments due to your race, you may have a claim for racial harassment under city, state, or federal laws. To establish a claim under the New York City Human Rights Law, you would need to show that you were treated less well than others due to your race. For example, if you receive a noose from your coworkers or are called the n-word, a workplace harassment attorney in New York City can help you bring a claim. The city law is interpreted broadly to allow for the remedial purpose of the law to be effectuated. More stringent standards apply to state and federal claims.

National Origin Harassment 

If you are treated less well than others due to your actual or perceived national origin, you may have a claim for national origin harassment under the New York City Human Rights Law. Harassing conduct from your national origin may consist of derogatory remarks, slurs, insults, physical bullying, and more. To recover damages under state or federal law, the harassing conduct must be so severe or pervasive that it permeates the workplace, creating a hostile work environment.

Age Harassment

The New York City Human Rights Law, the New York State Human Rights Law, and the federal Age Discrimination in Employment Act (ADEA) prohibit age harassment. However, the ADEA protects only workers at age 40 from age-based harassment and discrimination. The state law applies to workers who are at least 18. The city law prohibits age harassment against workers of any age. To recover damages, you must show that you were treated less well than others in the workplace due to your age.

Criminal History Harassment

You may be able to recover damages for criminal history harassment under the city or state laws. To recover under the city law, you must show that you were treated less well than others due to your protected criminal history. The standard is higher to recover damages under the New York State Human Rights Law. Your New York City workplace harassment attorney would need to show that discriminatory remarks or conduct related to your criminal history permeated the workplace so intensely that it became abusive or hostile.

Gender Harassment

Gender harassment is a type of sex discrimination that occurs if somebody harasses a worker due to their gender. Often, gender harassment involves stereotypes about the roles or functions associated with a gender. If you were treated less well than others in the workplace due to your gender, you may have a claim for gender harassment under the city law. Under the state law, you will need to establish that the gender harassment was so severe or pervasive that it created an abusive workplace.

Sexual Orientation Harassment

Sexual orientation harassment is expressly prohibited under city and state laws. Under the New York City Human Rights Law, you will need to show that you were treated less well than other employees because you were gay, lesbian, bisexual, or heterosexual or perceived as being so. You also can bring a claim under the Sexual Orientation Non-Discrimination Act, a state law. The Equal Employment Opportunity Commission (EEOC) has issued guidance indicating that it believes that sexual orientation discrimination is a form of gender discrimination under Title VII, which would make sexual orientation harassment a form of gender harassment under federal law. However, this issue is not entirely settled.

Disability Harassment

Local, state, and federal laws prohibit disability harassment. Each of these laws defines a disability differently. Under the New York City Human Rights Law, which is most protective, a disability is defined as any physical, medical, psychological, or mental impairment or a history or record of such an impairment. If you are treated less well than other employees due to a disability that meets this definition, whether it is an actual or perceived disability, you may be able to recover damages under the city law. The New York State Human Rights Law and the Americans with Disabilities Act (ADA) also protect against disability harassment in the workplace.

FAQs About Workplace Harassment

What Should I Do if I Experience Workplace Harassment?

If you experience workplace harassment, taking immediate action to protect your rights is essential. Start by documenting the harassment incidents, including dates, times, locations, and any witnesses. This documentation will be crucial if you decide to pursue legal action later. Report the harassment to your employer or HR department as soon as possible, following the company's designated procedure for handling such complaints. If the harassment persists or your employer fails to address it adequately, consider consulting with a workplace harassment attorney in New York City who can guide you through your options and help you pursue any necessary legal remedies.

Can Employees File Harassment Claims Without Risk of Retaliation?

Under New York City employment laws, employees can file harassment claims without fear of retaliation. Retaliation occurs when employers take adverse actions against an employee who has reported workplace harassment, such as demotion, termination, or salary reduction. Such retaliatory acts are illegal, and employees are protected under anti-retaliation provisions of workplace harassment laws. If you suspect retaliation, seek legal counsel to help secure your employment rights and file any further claims if necessary. A workplace harassment lawyer in New York City will help navigate these complexities to protect you from further adversities.

Are Managers Held to a Higher Standard in Preventing Workplace Harassment in New York City?

Yes, managers and supervisors in New York City are held to a higher standard in preventing workplace harassment. They have a legal duty to investigate harassment claims promptly and take adequate measures to prevent further incidents. Managers act as representatives of their employers, meaning any failure to address or prevent harassment appropriately can hold the employer liable. Moreover, comprehensive training for managerial staff is encouraged to ensure they understand the nuances of harassment law and their obligations in enforcement and prevention.

Contact Our Workplace Harassment Attorney in New York City Today

If you were harmed by harassment at your job, you should consult a seasoned employment law lawyer. Phillips & Associates represents victims of harassment in Manhattan, Queens, the Bronx, Brooklyn, and Staten Island, along with Westchester, Nassau, and Suffolk Counties, New Jersey, and Pennsylvania. 

• Age Harassment
• Bullying in the Workplace
• Criminal History Harassment
• Disability Harassment
• Gender Harassment
• National Origin Harassment
• Pregnancy Harassment
• Sexual Harassment
• Sexual Orientation Harassment
• Racial Harassment

Contact Phillips & Associates, PLLC today to get started with our New York City workplace harassment attorney.