(Source: Unsplash)
What is Sexual Harassment?
To hold your employer responsible for sexual harassment, it must be covered by the federal or a state law prohibiting sexual harassment in the workplace. There are many laws which protect your rights in places of public accommodation, and some specifically in the workplace. Under federal law, employers with 15 or more employees are covered and each state also has its own anti-harassment laws. In New York, Title VII of the Civil Rights Act of 1964 prohibits sexual harassment. Under Title VII there are two categories of sexual harassment: quid pro quo sexual harassment and hostile work environment.
What is Considered a Hostile Environment?
Some employees believe that a negative boss, a rude coworker, lack of teamwork, lack of benefits and many more discriminatory factors can create a hostile work environment. Although these remain true in making your work environment seem hostile, a hostile work environment claim is a workplace discrimination claim under federal law. An environment can be considered hostile when employees suffer harm due to unwelcome comments or conduct of a sexual nature. Under federal law, the standard for a hostile work environment must be one that is severe. The person who files the complaint should be able to prove the discriminatory behavior, whether it is race, color, gender, religion, sexual orientation, national origin, pregnancy, ancestry, or disability.
Below you can find information on each discriminatory action that may make an environment hostile:
- Remarks by coworkers or others in the workplace are pervasive. Any discriminatory behavior should be reported to Human Resources.
- The behavior or actions in the workplace are discriminating against a protected classification such as age, disability, religion, or race.
- The behavior lasts over time and is not addressed effectively by the organization.
- An employee failed to receive promotion or job rotation, therefore hindering the employee’s career progression.
Anyone who has experienced these and more discriminatory behavior and has attempted to make the actions stop without success, should consider asking experienced sexual harassment and employment discrimination attorneys for help.
Source: Unsplash
What is Considered a Quid Pro Quo Sexual Harassment?
“Quid pro quo” roughly translates to “this for that”. In terms of sexual harassment, Quid pro quo often involves implied requests or demands for sexual favors in exchange for employee related benefits, threats that the employee may lose the job or other. This strictly violates Title VII of the Civil Rights Act, which prohibits discrimination on the basis of sex. The Quid Pro Quo type of harassment is generally carried out by supervisors or other people with decision making power. According to Civil Rights Bureau, New York State Office, “Complaints with DHR may be filed any time within one year of the harassment.” (LINK)
Other cases when there is a Quid Pro Quo sexual harassment in place arise when some employees and candidates are rejected or denied employment due to submitted sexual advances or requests. But it is important to note that the offensive conducts should be under the category of sexual harassment as the law defines the term. There may be cases when coworkers invite others to join for a get-together, and some may see it as a sexual advance. In order to qualify for harassment, the average person must also see the invite as a sexual advance and not simply a polite gesture.
What can you do to assert your rights? Hire a Lawyer.
No one deserves to face sexual harassment or discrimination in the workplace. Our attorneys are not only experienced and skilled, but we are also passionate about the work we perform and emphatically believe in taking each case personally so that we can be zealous advocates on behalf of each client. Our attorneys are responsible for recovering millions for our clients and pushing each case as far as we need to so as to ensure that justice is served. Our firm offers a risk-free, free of charge, consultation where we will go over your claims with you to see whether a case exists. Since there may be a number of time limitations on when you can file your claims, it is important that you waste no time to contact us at L & D Law P.C. (Liggieri & Dunisha).
We believe in responding and meeting with our clients as quickly as possible to make sure that your claims are preserved. If you are seeking aggressive representation, contact us today by calling 212-374-9786 or emailing at info@discriminaitonlawyertoday.com.
