The state of New York has laws that prohibit sexual harassment on the job. Employers found in violation of these laws can face penalties. Experiencing sexual harassment can lead to a variety of financial and emotional problems, so getting legal assistance is necessary. You may be entitled to compensation for the loss of wages, job advancement opportunities and other benefits. Employment discrimination and sexual harassment is a serious legal issue, so you need to be informed of your rights.
Types of Sexual Harassment
Sexual harassment can take different forms. It might include physical contact, verbal abuse or quid pro quo. In a quid pro quo situation, a person in a position of authority attempts to get an employee to perform sexual favors in exchange for a promised benefit of some kind. This could include dating in exchange for a promotion at work, for example. It can also be used as a way to punish employees who deflect or refuse to allow the sexual advances to continue.
There is another form of sexual harassment that is less overt. This is called the hostile work environment. Employers who permit managers, supervisors and co-workers to create a work environment that is hostile, threatening or intimidating are violating the law. Some employers also engage in less obvious forms of sexual harassment by tolerating these behaviors. Each case is different, so you should contact an experienced sexual harassment law firm if you are experiencing either form of sexual harassment at the workplace.
Knowing Your Rights Under New York State Law
New York State provides protection against discrimination on the basis of gender, race, sexual orientation, age, nationality and other protected classifications. It is illegal to sexually harass employees or interns under Section 296-c of the legal code. Quid pro quo is also illegal, and employers are violating the law if they allow a hostile work environment to persist. Knowing your rights under the law can help you hold those in power accountable for their actions or lack of action. However, legal advice is necessary to help you take the most appropriate steps that will build traction for your case.
State laws are also beneficial for employees who work in companies that have fewer than 15 employees. These workers are exempt from sexual harassment laws at the federal level, but there are still protections available. This is an important distinction because it affects the order of operations necessary before bringing the case to a court setting. It is important to have effective legal representation whenever you face sexual discrimination at work.
It is important to understand that you have rights under state law, but bringing a legal case requires you to document the nature of the damages inflicted by the harassment. For example, you might not be able to bring a case against a co-worker who makes a tasteless comment in an offhand way. However, if the behavior persists over a period of time and creates a hostile work environment, your claim will have more legal traction. Consult with a legal professional about your situation in order to determine the best course of action.
Contact Leeds Brown Law Firm
Discrimination and sexual harassment in the workplace is illegal, and state law protects all workers. Employers can be liable for permitting sexual harassment, and this includes allowing a hostile workplace environment to persist. Employers can be sued under state law, so it is important for employees to understand their rights and proceed accordingly. You have the right to complain against sexual harassment without fear of retaliation, for example.
Obtaining legal assistance can make a difference in the outcome of the case. You might be entitled to monetary damages, for instance. This is why it is critical to understand your rights under the law. The lawyers at Leeds Brown Law are experienced and knowledgeable about all aspects of employment law. We can help you to construct a winning legal case. Contact us today for a consultation.
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