Sexual Harassment
Employees who experience sexual harassment in the workplace are often afraid to speak out against the harasser. The harasser may be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. We regularly advise employees and employers about how to address and put an end to unlawful workplace harassment. We educate employees about their rights and help them to take action by representing their interests. We also provide guidance to employers about their duties and responsibilities to the staff under state, federal, and local law.
The following are examples of what could be considered sexual harassment in the workplace:
- Unwanted sexual advances (including inappropriate touching, hugging, and kissing), requests for sexual favors, and other verbal or physical harassment of a sexual nature;
- Sharing sexually inappropriate images or videos;
- Unwelcome remarks or actions regarding sex, gender, or sexual orientation.
Sexual harassment victims have the right to recover compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, and other non-pecuniary losses.
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Frequently Asked
Questions
As of August 2020, the statute of limitations to file a claim of sexual harassment in New York State is three years. Employees have 180 to 300 days (depending on the claim) to file with the Equal Employment Opportunity Commission.
Yes. It is illegal for an employer to retaliation against you for reporting discrimination and/or harassment in your workplace. Read more on retaliation.
Yes. You may have a claim if the harasser was your supervisor, a supervisor in another area of work, a co-worker, or someone who is not an employee of the employer at all, such as a client or customer.
No. Sexual harassment doesn’t have to involve physical contact. It can involve unwelcome comments, requests for sexual favors, or other verbal sexual advances.