What To Do If You Were Inappropriately Touched At Work?
Workplace sexual harassment is strictly prohibited under the New York City Human Rights Law, New York State Human Rights Law, and Title VII of the Civil Rights Act of 1964. Despite the legal protections available for employees at local, state, as well as federal level, sexual harassment remains a major problem in workplaces across New York. Data shows that one out of every 10 employees in New York is affected by sexual harassment at some point during their career.
What Constitutes Workplace Sexual Harassment under New York Law?
Under New York law, any kind of unwanted sexual requests, demands, advances, and behavior by someone at the workplace can be considered sexual harassment. The two types of sexual harassment that a person might be subjected at the workplace include:
- Quid Pro Quo – Involves asking for sexual favors from you in exchange for an employment-related benefit including hiring, continued employment, promotions, bonuses, or preferential treatment at the workplace.
- Hostile Work Environment – Refers to a situation where the harassment you are subjected to is so pervasive that it creates a hostile work environment and affects your performance and productivity.
It should be noted that the definition of sexual harassment is not limited to making physical contact with intimate body parts like breasts or crotch. It includes a wide range of unwanted physical contact including:
- Caressing or massaging any part of your body
- Brushing or rubbing against you
- Groping
- Patting or slapping any part of your body
- Pinching
- Holding your hands
- Kissing
What Should You Do if You are Inappropriately Touched by Someone at the Workplace? Let the Person Know That You Do Not Want to Be Touched
If someone touches or behaves inappropriately with you, you should let them know in no uncertain terms that you do not like it and they should stop doing it. If possible, send them an email stating why you find their behavior inappropriate and that they should stop doing it right away.
Report It to HR
If the person in question continues to harass you even after being warned, report it to your company’s Human Resources department right away.
Keep a Record
Make a note of all the relevant details about the incident including the date and time, how it happened, what kind of sexual or offensive language was used by that person, whether there was any sexual contact, how often it happened, and how long it went on.
Preserve All the Evidence
Make sure you keep a copy of all the text messages, voice messages, letters, and emails that your harasser sends you. This kind of evidence can be extremely important in building a strong case against the harasser.
Speak to a Workplace Sexual Harassment Lawyer
Get in touch with a New York workplace sexual harassment lawyer, tell them what you are being subjected to, and ask them what kind of action you can take against the harasser. With the help of the lawyer, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Human Rights Commission. After investigating your case, the commission will issue a ‘right to sue’ letter, which gives you the right to file a tort claim against the harasser.
Can an Employer Be Held Liable for the Actions of their Employee?
Yes, they can be held liable depending on the circumstances. If you were harassed by a supervisor or someone in a managerial position, your employer can be held strictly liable for the harassment, regardless of whether they knew about it or not. Similarly, if you were harassed by a co-worker, and if your employer failed to take any action against them, your employer can be held liable for the actions of your co-worker.
Types of Damages You can Recover in a New York Workplace Sexual Harassment Claim
The damages you can recover in a workplace sexual harassment claim include:
- Lost earnings (back and front pay)
- Compensation for medical expenses
- Compensation for emotional distress
- Expenses associated with your tort claim
- Your attorney’s fees
Apart from this, depending on the severity of the harassment you were subjected to, you might also be able to seek punitive damages from the harasser.
Trusted and Dedicated New York Workplace Sexual Harassment Lawyers are Ready to Fight for You
If you have been inappropriately touched by someone at the workplace, you have the legal right to hold them accountable for their actions. At the Law Offices of Michael S. Lamonsoff, we have an in-depth understanding of local, state, and federal laws on workplace sexual harassment and have extensive experience in handling sexual harassment and abuse claims.
Our founder – Michael S. Lamonsoff – is one of the highest-rated personal injury lawyers in New York and is known as ‘The Bull’ for his aggressive and combative approach to personal injury claims and his penchant for fighting relentlessly to get his clients what they deserve.
Call us today at 212-962-1020 or contact us online and schedule a free consultation with one of our stellar and reliable New York workplace sexual harassment lawyers.