Although nothing can truly make the pain of sexual harassment go away for Hempstead residents, there are many laws at the federal, state, and local levels that provide victims of sexual harassment with recourse and financial compensation. It can be challenging to know which laws apply to your situation and how to go about pursuing the compensation you deserve.
A Hempstead sexual harassment lawyer at Morelli Law Firm may be able to help you through this process so that you can seek the fair outcome you deserve. For a free consultation, call our office now at (212) 751-9800.
A Lawyer Can Fight for You
Working with a Hempstead sexual harassment lawyer can take some of the stress and pressure out of the situation and help you protect yourself at all times.
Your lawyer will handle multiple aspects of your case, including:
- Investigating the allegations and gathering evidence
- Protecting your privacy
- Identifying whether you were subjected to retaliation for speaking out
- Representing you at depositions or court appearances
- Negotiating a settlement
- Contacting witnesses and experts to consult on your case
- Answering your questions about the legal process
- Preparing for trial if necessary
Identifying Sexual Harassment in the Workplace
In general, sexual harassment includes any situation where you are the recipient of unwelcome sexual conduct. This can include:
- Physical touching
- Inappropriate jokes or comments
- Sexual advances
- Requesting sexual favors
- Imagery or signs with sexual references
Both or all parties involved in a sexual harassment case can be any sex or gender. Also, the harasser can be anyone in the workplace, including a coworker or a supervisor in your department or another department. It could also be a person who is not an employee, such as a customer.
Harassment usually rises to the level of prohibited conduct when it makes the work environment hostile and offensive or results in an adverse action, such as the victim being demoted or fired.
This is not an exhaustive list. There may be other ways that an employer or coworker has engaged in sexual harassment, which is why speaking with an attorney can be helpful in figuring out your rights and legal options.
There are many different rules that may apply to your situation, as well. This includes federal and state regulations that provide protections for sexual harassment and remedies for victims.
Hempstead Sexual Harassment Lawyer Near Me 877-751-9800
Categories of Sexual Harassment
There are two general categories of sexual harassment in the workplace: quid pro quo and hostile work environment.
Quid Pro Quo
Quid pro quo harassment involves situations where a supervisor or employer requests a sexual favor in exchange for something like a promotion, time off from work, or not being demoted. It can be explicit or implied. Submission to the request or rejection is used as a basis for making employment decisions. An isolated incident of quid pro quo harassment can give rise to a claim for sexual harassment in the workplace.
Hostile Work Environment
Hostile work environment claims include situations where certain conduct makes the workplace intimidating or offensive. You do not need to be the direct recipient of the conduct to bring a claim alleging that your employer has fostered a hostile work environment. Overhearing comments or witnessing harassing acts can create a hostile work environment.
Requests for sexual favors, sexual advances, and comments about sexual conduct create a hostile work environment when:
- The actions unreasonably interfere with the worker’s performance in the workplace; or
- Creates an intimidating, hostile, or offensive workplace.
A court or other deciding body considers various factors when trying to determine whether a hostile work environment existed, such as the frequency of the harassing activity. Other factors are:
- If the harassing conduct was physical, verbal, or both
- If the harassing conduct was patently offensive or more subtle
- If the alleged harasser is a supervisor or coworker
- If other employees joined in the harassment
- If more than one employee was subjected to harassment
In general, hostile work environment claims involve several incidences of inappropriate conduct instead of just single, isolated incidences. If a single incident did occur, it would need to be severe enough to create a hostile work environment based on the one incident alone.
To find out more about whether the treatment you endured rises to the level of quid pro quo harassment or has created a hostile workplace, call Morelli Law Firm at (212) 751-9800. A Hempstead sexual harassment lawyer may be able to work with you on your case and help you secure the compensation that you deserve.
Laws Protecting Against Sexual Harassment
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for overseeing federal claims of sexual harassment.
At the state level, the New York State Human Rights Law prohibits sexual harassment and imposes certain criteria on employers when it comes to making sure the workplace is a harassment-free zone. For example, the law requires employers to provide a sexual harassment prevention policy and to provide the language about their policies in different languages.
In August 2020, the state extended its statute of limitations for filing a sexual harassment complaint with the New York State Division of Human Rights. Victims of harassment now have three years to file instead of one. Also, New York State requires employers to adopt a sexual harassment prevention training program that meets at least the minimum standards.
Call Us for a Free Consultation About Your Potential Case
There are various ways to pursue justice after a sexual harassment situation has affected you at work. The federal and state options can become confusing, and the process can become intimidating, especially if you think your employer may try to retaliate against you.
For a free consultation, call Morelli Law Firm now at (212) 751-9800. You have nothing to lose by speaking to one of our staff members, and there is no obligation to proceed.