If you are a victim of sexual harassment in the workplace in New York, you have clear legal rights. Both Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law (SHRL) prohibit sexual harassment in the workplace, and victims of sexual harassment can—and should—take legal action to hold their employers accountable.
To take legal action, you will need proof of the sexual harassment that you have experienced on the job. This means that documentation is key. Keep reading to make sure you have a clear understanding of what constitutes sexual harassment in the workplace and to learn about some of the steps you can take to document your claim.
Understanding What Constitutes Sexual Harassment Under the Law
Sexual harassment has a precise definition under both Title VII and the New York SHRL. However, each statute’s definition is different; and, crucially, the New York SHRL defines sexual harassment much more broadly than Title VII. As a result, employees in New York can pursue sexual harassment claims based on:
- Hostile Work Environment – Title VII allows employees to pursue sexual harassment claims when they have documentation of a “hostile work environment.” This requires a conduct that is severe or pervasive enough to impact the conditions of the victim’s employment. While isolated incidents of sexual harassment can justify hostile work environment claims in some cases, many cases involve repeated misconduct or a workplace culture that supports or facilitates harassment.
- Quid Pro Quo – Title VII also allows employees to pursue sexual harassment claims in cases involving a “quid pro quo.” This involves receiving an offer for an employment-related benefit (i.e., a pay raise or promotion) in exchange for a sexual favor. The offer can be either express or implied, and employees do not have to go through with providing a sexual favor in order to pursue a claim.
- Anything More Than “Petty Slights or Trivial Inconveniences” – While New York used to require evidence of a hostile work environment or quid pro quo, this is no longer the case. As explained on the New York State website, “New York State no longer requires harassment be severe or pervasive before it is considered illegal. Harassment or discrimination is anything more than ‘petty slights or trivial inconveniences.’ Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior.”
With this in mind, if you have experienced any form of sexual harassment in the workplace in New York, you may be entitled to legal remedies. To protect your legal rights, you will want to document what you have experienced as thoroughly as possible.
How You Can Document Sexual Harassment in the Workplace
How can you document sexual harassment in the workplace? Here are five steps you can take to protect your legal rights:
1. Write Down as Many Details as Possible
While we know it can be hard, it is important to take notes about what you have experienced. You should write down as many details as possible. Write down what happened, where it happened and when, who was involved, who else witnessed the incident (or incidents), and any other details you can remember.
Once you take notes, you should keep your notes in a safe place at home. You should not share them with anyone at work, but you will want to have them with you when you meet with a New York workplace harassment lawyer about your case.
2. Seek Treatment Promptly if Necessary
If you need any form of care—whether medical or psychological—you should seek treatment promptly. Whether you are dealing with the physical effects of a sexual assault or the psychological effects of being objectified by your supervisor or coworkers, seeking treatment will be an important step for protecting both your health and your legal rights.
3. Keep Any Relevant Communications and Employment Records
If you have any communications that are relevant to your sexual harassment claim, you should make copies of these to keep at your home as well. These could include offensive text messages or direct messages, or they could include emails or more formal communications related to your employment status in the case of a quid pro quo. If it isn’t immediately obvious why a particular communication is relevant to your sexual harassment claim, you should take notes about this as well.
Likewise, if you have any employment records that are relevant to your claim, you should be sure to keep these to share with your lawyer. For example, if you were passed over for a promotion because you refused a quid pro quo, your pay stubs, performance reviews and various other types of employment-related documents could all be useful for proving that your employer has violated the law.
4. Report the Harassment to Your Supervisor or HR Department (if Possible)
You should report what you have experienced to your supervisor or human resources (HR) department, if possible. If your supervisor was involved in the harassment or your company does not have an HR department, your lawyer can advise you on what to do instead.
5. Hire a Workplace Harassment Lawyer to Conduct an Investigation
While you may have some documentation of the sexual harassment you experienced at work, it may also be necessary to collect additional documentation (i.e., emails or other internal communications) from your employer. To obtain these records, you will need to hire a workplace harassment lawyer to conduct an investigation. There are many other ways an experienced workplace harassment lawyer can help you in this situation as well; and, to protect yourself, you will want to speak with a lawyer as soon as possible.
Discuss Your Situation with a New York Workplace Harassment Lawyer in Confidence
If you need to speak with a New York workplace harassment lawyer, we strongly encourage you to get in touch. To arrange a free and confidential consultation as soon as possible, call 516-280-3008 or tell us how we can reach you online now.
