If you were a victim of workplace sexual harassment in New York, you may have grounds for an employment law claim against your employer to recover damages.
Through a New York workplace sexual harassment claim, you can ask to be compensated for your losses and damages. The damages could include lost wages, lost benefits, and mental anguish caused by the harassment you suffered.
To have a successful claim, you must provide hard evidence and supporting documentation that shows what happened, how it happened, and your damages.
What New York State Laws Protect Against Sexual Harassment?
New York State Labor Law requires all employers to adopt a sexual harassment policy that includes a complaint form designed for employers to report alleged sexual harassment incidents.
This was designed to help workers report such incidents, and to prohibit such behavior in the workplace. Federal laws, specifically Title VII of the Civil Rights Act of 1964, provide additional protections for workers in New York. It makes it illegal for an employer to retaliate against any employee who has reports sexual harassment or other illegal actions of their employer.
What Is Considered Sexual Harassment?
A single questionable incident would not be worthy of a New York sexual harassment claim, but if you can prove there is an ongoing problem, you can successfully pursue a claim against your employer and ask to be compensated for the damages you suffered.
Maintain supporting evidence and document all the details, so you can prove the harassment occurred just as you allege. Sexual harassment is often obvious, but in some cases the harassment may be more discreet.
Unwanted sexual advances, requesting sexual favors, and verbal or physical harassment related to gender or sexual orientation can all be part of the workplace sexual harassment you endure.
You must show there is a hostile work environment because of the harassment for a successful New York workplace sexual harassment case.
How Is It Covered By Law In New York?
Sexual harassment in the workplace is prohibited by law. Retaliation against any worker who reports sexual harassment is also prohibited through Title VII of the Civil Rights Act of 1964. If you are a victim of sexual harassment in the workplace in New York, you can ask to be compensated for damages through a New York workplace sexual harassment claim.
Where To File A Workplace Sexual Harassment Claim In New York
If you suffered workplace sexual harassment in New York, you should talk with your employer about the problem to file a workplace sexual harassment claim.
Gather supporting evidence, including documentation and witness statements. Carefully review the policies in your employee handbook because that handbook should include your employer’s process for filing a sexual harassment complaint. If there is not a specific process in place by your employer, talk with the HR department or a supervisor.
Document your discussion with your employer, keep applicable correspondence, and make notes about the response or any lack of a response.
If the matter is not settled, take your claim to the next level with a government agency. This could be the Equal Employment Opportunity Commission (EEOC). Your claim will be investigated by a state or federal agency. If they cannot get satisfactory resolution for your claim, you can file a federal lawsuit against your employer to recoup damages.
How Long Do I Have To File A Sexual Harassment Claim In New York?
Federal law gives a 180-day time limit for pursuing a sexual harassment claim against an employer. By having state laws in New York, the timeframe is extended to up to 300 days. If you wait any longer than that, you cannot recover compensation for your damages.
Getting Help Filing A Sexual Harassment Claim in New York
If you are a New York workplace sexual harassment victim, be sure to review the details of your claim with an employment law attorney. New York employment law attorneys stay up to date on both state and federal employment laws.
A New York workplace sexual harassment attorney will know the best way to proceed with a claim on your behalf. Your lawyer will investigate your claim, gathering evidence, and determining the damages suffered.
Be sure to discuss your lawyer’s payment options because some lawyers want a retainer paid upfront then charge an hourly rate while other attorneys take sexual harassment claims on a contingency basis. Complete the Free Case Evaluation Form to share the details of your New York workplace sexual harassment claim.
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- Your Rights Against Sexual Harassment at Work
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