Sexual harassment in the workplace can take many different forms. As an employee, knowing what constitutes sexual harassment (or what may constitute sexual harassment) is important; and, if you have concerns, you should speak with a lawyer about your situation promptly. Sexual harassment is rarely an isolated issue, and it is not an issue that is likely to go away on its own. As a result, putting a stop to sexual harassment—and seeking appropriate remedies—requires experienced legal representation.
Sexual Harassment as a Form of Sex-Based Discrimination
Understanding your legal rights starts with understanding how sexual harassment is defined under the law. Under both Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law (SHRL), sexual harassment is classified as a form of sex-based discrimination.
While Title VII prohibits sex-based discrimination in workplaces with 15 or more employees, New York’s SHRL applies to all employers in the state regardless of size. As a result, even if you work for a small company that is not subject to Title VII, you should still be protected against sex-based discrimination under New York law. New York City’s Human Rights Law applies to all employers regardless of size as well, and as the New York City Commission on Human Rights makes clear:
“The NYC Human Rights Law, one of the strongest anti-discrimination laws in the nation, protects all individuals against discrimination based on gender, which includes sexual harassment in the workplace.”
Just like other forms of sex-based discrimination, sexual harassment is not limited to any one sex of perpetrator or victim—although the data show that women are significantly more likely to be victimized than men. With this in mind, anyone who believes that they may be a victim of sexual harassment can, and should, talk to a sexual discrimination lawyer about their legal rights.
The Definition of Sexual Harassment in the Workplace
If sexual harassment is classified as a form of sex-based discrimination, then what differentiates harassment from other types of unlawful discriminatory practices? The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment as follows:
“Harassment can include . . . unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.”
To justify legal action under Title VII, sexual harassment must involve either: (i) a quid pro quo; or, (ii) a hostile work environment. A quid pro quo involves an exchange (or request for an exchange) involving a sexual favor—with the request typically coming from an executive, manager, or supervisor. A hostile work environment involves conduct that is either severe or pervasive enough to alter the victim’s conditions of employment. Federal courts have held that conduct that amounts to ““run-of-the-mill boorish, juvenile, or annoying behavior” does not warrant a sexual harassment claim under Title VII.
However, this is not the case under New York’s SHRL. As explained in New York’s Frequently Asked Questions for Workers:
“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. Generally, any behavior where a worker is treated worse because of their gender is gender discrimination.”
As a result, the protections afforded under New York’s SHRL are broader than those afforded under Title VII. As noted above, the SHRL also applies to all employers regardless of size, while Title VII does not. Given that this is the case, employees who are victims of sexual harassment in the workplace will often need to pursue their claims under state law.
Common Examples of Sexual Harassment in the Workplace
Under both state and federal law, many different types of conduct and statements can give rise to sexual harassment claims. While every set of circumstances is unique, some common examples of sexual harassment in the workplace include:
- Inappropriate or nonconsensual touching
- Threatening sexual assault or any other form of sexual violence
- Threatening adverse employment action if an employee refuses a sexual advance
- Offering a promotion, pay raise or other employment-related benefits in exchange for a sexual favor
- Making inappropriate or unwelcome comments about an employee’s physical appearance
- Making other inappropriate or unwelcome comments that are sexual in nature
- Asking about an employee’s sexual preferences or fantasies
- Sending or displaying images or comments that are sexual in nature
- Making lewd gestures or using sexually offensive words or phrases
- Spreading rumors about an employee’s sexuality, sex life or sexual proclivities
Again, these are just some of the most common examples. If you feel as though you are a victim of sexual harassment for any reason, you should consult with a lawyer about your situation. If you are a victim of sexual harassment, you have clear legal rights, and an experienced lawyer will be able to assert your legal rights on your behalf.
Retaliation is Prohibited
Another important fact to know about Title VII and New York’s SHRL is that both of these laws prohibit employers from retaliating against employees who either (i) refuse to give in to sexual harassment or (ii) report sexual harassment—either internally or externally. If your employer retaliates against you (or has already retaliated against you), this may entitle you to additional remedies. Depending on the circumstances, these remedies may include reinstatement, or if you do not wish to return to your previous employment, your lawyer may be able to help you seek back pay and other forms of financial compensation.
Speak with a New York Sexual Harassment Lawyer in Confidence as Soon as Possible
If you are (or believe you may be) a victim of sexual harassment in the workplace, we encourage you to contact us promptly for more information. To speak with an experienced New York sexual harassment lawyer about your legal rights in confidence as soon as possible, please call 516-280-3008 or tell us how we can reach you online today.
