Frequently asked questions about sexual harassment in the workplace:
Am I sexually harassed at work?
Sexual harassment includes unwanted touching, teasing and unwanted sexual comments, and sexual demands. But it also includes many less obvious behaviors, some of which don't even have to be related to sex. For example, even offensive comments about a person's gender can be a form of sexual harassment.
For unwanted behavior and speech to be considered illegal, they must be frequent and severe to create a hostile work environment. If a "reasonable person" believes the conduct to be unwelcome and sexual or related to the victim's gender, it may be sexual harassment. An experienced New York City sexual harassment attorney can evaluate your case and help you determine how to proceed.
Does sex with your boss protect you from sexual harassment at work?
When power imbalances are involved in workplace sexual relationships, the question of whether the parties consider the relationship to be "popular" must be answered. Even if there is no apparent threat, such as "sleep with me or you will lose your job," the court can rule that when the victim believes they have no other choice in this matter, the sexual act is not consensual. In addition to explicit and implicit threats, bribery is a standard power play in sexual harassment in the workplace. If the supervisor says, "If you date me, I will forgive you for your poor performance this month," this constitutes sexual harassment in the form of bribery.
What are the laws against sexual harassment in New York?
Sexual harassment in New York City is a form of gender discrimination that violates the Federal Employment Discrimination Act, Chapter 7 of the Civil Rights Act of 1964, and the New York State Human Rights Law, and the New York City Human Rights Law. Chapter 7 applies to employers with 15 or more employees, including state and local governments, employment agencies and labor organizations, and the federal government. Compared with the civil rights law, the New York State Human Rights Law and the New York City Human Rights Law prohibit sexual harassment and apply too much smaller employers.