Employees’ Rights and the Different Types of Sexual Harassment
Sexual harassment in the workplace has unfortunately become increasingly common with employees often at the receiving end of co-workers and superiors. Sexual harassment is defined as hostile, offensive and unwelcome behavior, which could make a person feel humiliated, frightened, and discriminated against.
This has the potential to create a hostile working environment and more information on this can be found here: http://employment-law.usattorneys.com/york/. Sexual harassment can be physical, verbal, or written and can happen at the workplace, at workplace-related events or between colleagues outside the workplace as well. For any of these scenarios, you should pick up a New York, NY sexual harassment lawyer to work with you. This will give you case and word much more clout.
Types of sexual harassments
There are broadly two types of sexual harassment at the workplace:
Quid Pro Quo sexual harassment occurs when the sexual favors are tagged with tangible employment benefits such as promotion, raise in salary, and/or continued employment.
Hostile environment sexual harassment occurs when a co-worker(s) makes unwelcome sexual advances that create an offensive and hostile working environment. The alleged harasser’s behavior or comments directly affect the victim’s ability to carry out the job. This harassment does not involve any work benefits. Some instances of hostile sexual environment include personal questions of sexual nature; using vulgar and offensive language, and displaying offensive picture or literature targeted at the victim.
New York State and federal law prohibit sexual harassment
According to New York sexual harassment lawyers, Title VII of the Civil Rights Act of 1964 bans illegal discrimination and sexual harassment at the workplace. This form of harassment is considered as gender discrimination. The New York City Human Rights Law and New York State’s Human Rights Law also prohibits all forms of sexual harassment. These laws extend well beyond to reach smaller employers when compared with the Civil Rights Act.
If you are a victim of sexual harassment ought to discuss the harassment with a human resources representative of a member of the company’s legal department. Your company’s anti-harassment policy may identify a person who handles such claims. If the harassment still continues after you report it or if you are dissatisfied with the resolution, it would be prudent to hire a New York, NY sexual harassment attorney.
Why you need a lawyer
Your lawyer will work with you to explain in detail how you have been harassed so that there are no loopholes if you need to file a lawsuit. However, the first step is to file a complaint with the US Equal Employment Opportunity Commission (EEOC), the watchdog for discrimination in the workplace. Employees have the right to file a lawsuit against their employer in a state or federal court. The latter requires that the complaint be brought before the EEOC prior to filing a lawsuit in a federal court. However, there are no such requirements in state court.
If there has been no response from your employer after making a complaint, it may be the right time to speak with a New York, NY sexual harassment lawyer. Sexual harassment cases are difficult and can lead to periods of discomfort when it comes to testifying the facts and proving that harassment took place.
Documentary proof such emails and other forms of evidence are crucial, which can be best presented by your lawyer who can be found right here whether your case goes to trial or you reach an amicable settlement with your employer. Just make sure to reach out to a legal representative with significant experience in harassment and discrimination claims.
