If you have experienced sexual harassment in the workplace, you are not alone. Despite recent advances and awareness campaigns about sexual harassment, it continues to be a problem for many New York employees. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment includes any sexually unwanted behavior toward a co-worker, either verbal or physical, that directly or indirectly affects job performance or the work environment.
Fighting for the Rights of Employees in New York
HKM Employment Attorneys are dedicated to fighting for the rights of employees who have experienced sexual harassment in New Paltz, New York, and the surrounding area. We understand how difficult it can be to go to a work environment knowing you will experience sexual harassment. Sexual harassment can create a hostile work environment and cause physical and mental harm to employees. We fight hard for employees who have experienced sexual harassment, and we know how to hold employers accountable when they allow sexual harassment to continue. Contact HKM Employment Attorneys if you have experienced sexual harassment in the workplace and learn more about your legal rights and options.
Common Examples of Sexual Harassment in the Workplace
There are many different types of sexual harassment in the workplace, from inappropriate gestures to sexually explicit comments. If you are not sure whether your experiences constitute sexual harassment, our compassionate legal team could review the details of your case with you. We can investigate your situation and advise you whether you have a valid claim against your employer. in general, sexual harassment is defined as any type of unwanted sexual conduct.
Many sexual harassment cases involve men sexually harassing women, but any gender is capable of sexual harassment and should be held liable for their actions. Employers are not the only party who can be held liable for sexual harassment. Staff members, customers, contractors, and third parties who do business with your employer can also be held liable. Some of the most common examples of sexual harassment in the workplace include the following:
- Making sexual gestures
- Boss or supervisor asking an employee for sex or sexual favors
- Unwanted sexual or physical touching
- Sexual assault
- Making sexual gestures
- Giving employment benefits and exchange for sex
- Sexual comments, photos, text messages, emails, or any other type of communication
Sex-Based Discrimination is a Form of Unlawful Sexual Harassment
Many people associate sexual harassment with sexual advances. Sexual advances are one type of sexual harassment in the workplace, particularly when an employer threatens an adverse employment action if the employee does not engage in sexual favors or vice versa. However, there are also other forms of sexual harassment in the workplace. The harassment does not necessarily have to be sexual. If you were harassed based on gender, sex, or sexual orientation, this could constitute sexual harassment. Sex-based discrimination can involve the following type of sexual harassment:
Creating a hostile work environment toward you because of your sex, gender, or gender identity
Offensive or derogatory remarks about your gender, sex, orientation
Being denied promotions or other job opportunities because of your gender
Discrimination toward your gender identity, such as being misgendered intentionally or denied accommodations that make you feel safer at your workplace
If you are being mistreated because of your gender identity, sex, or sexual orientation, it is crucial that you discuss your case with an experienced attorney as soon as possible.
Damages Available in New York Sexual Harassment Cases
Sexual harassment victims in New York can file a claim with the federal EEOC or the New York Human Rights Commission to seek compensation for the harassment or sex-based discrimination they have suffered. By pursuing a claim, you may be entitled to some are all of the following types of damages:
- Front pay and back pay
- Out-of-pocket expenses related to searching for another job if you were forced to leave the workplace or fired
- Medical expenses, such as the costs related to diagnostic tests, doctor’s appointments, or surgeries
- Costs for mental health treatment if the sexual harassment caused trauma
- Mental anguish
- Pain and suffering
- Diminished quality of life
- Legal fees, including attorneys fees and court fees
If your employer knew about the sexual harassment and refused to do anything or intentionally engage in sexual harassment, additional punitive damages may be available. Courts award punitive damages to punish the offender and deter others from engaging in the same type of reprehensible behavior.
The Benefits of Working With an Experienced Attorney
If you have experienced sexual harassment, it can be difficult to know where to turn. Many employees are afraid that if they report their employer or take action against them, they may be demoted, fired, or otherwise retaliated against. Employers cannot retaliate against employees for filing sexual harassment claims. Working with an experienced attorney can help you navigate the process of protecting yourself and your rights. At HKM Employment Attorneys, we can guide you through the process while investigating your case, gathering evidence, and building a strong case against your employer.
What to Do if You Have Experienced Sexual Harassment in the Workplace
If you have experienced sexual harassment in the workplace, the steps you take can help or hurt your claim for compensation. The first thing you should do is report sexual harassment. Most employers have a human resources department. You can report the sexual harassment you have experienced to a manager or the human resources department.
If the perpetrator is a manager, you are not required to report to the company owner. You should report the incident to law enforcement. It is also essential that you gather evidence of the harassment. Take photos, save screenshots, and keep any emails, text messages, videos, or any other evidence proving this sexual harassment has occurred.
Discuss Your Case with an Experienced Attorney
Have you been the victim of sexual harassment in the workplace in New York? If so, HKM Employment Attorneys are here to help. Contact us today to schedule a consultation and learn more about how we can advocate for you and your rights. We represent clients in New Paltz, New York, and the surrounding area.
Call 845-400-9028, schedule a call, or fill out this form and we will get back to you ASAP.