Hire an Experienced Long Island Sexual Harassment Lawyer to Hold Your Employer Accountable
There is no excuse for sexual harassment in the workplace. Sexual harassment is not okay under any circumstances, and there is no situation in which you should feel uncomfortable or pressured to do anything you are unwilling to do. This means that if you have been made to feel uncomfortable or pressured in any way, you should talk to a Long Island sexual harassment lawyer as soon as possible.
At Bell Law Group, we are passionate about fighting for victims of sexual harassment in the workplace. Our lawyers have more than 100 years of combined experience, and we have a proven record of success protecting our clients. If you believe that your rights have been violated, or if you have questions about your legal rights at work, we encourage you to contact us for a free, no-obligation consultation.
The Laws that Protect You Against Sexual Harassment
Sexual harassment in the workplace is prohibited under federal and New York law. At the federal level, Title VII of the Civil Rights Act of 1964 protects individuals who work for companies with 15 or more employees. At the state level, the New York State Human Rights Law protects workers at all companies, regardless of size.
Title VII of the Civil Rights Act of 1964 (Title VII)
Title VII of the Civil Rights Act of 1964 (Title VII) is one of the main federal anti-discrimination statutes. It prohibits sex-based discrimination in the workplace (along with discrimination based on other protected characteristics), and it defines sexual harassment as a form of sex-based discrimination.
As a result, if you have been victimized at work (and if your company has 15 or more employees), you may have a claim under Title VII. If so, you will need to file your claim with the U.S. Equal Employment Opportunity Commission (EEOC), and you will need to do so before the 180-day deadline expires (in most cases). A Long Island sexual harassment lawyer at our firm can handle the entire process for you; and, again, if you think you may have a claim, we encourage you to contact us right away.
New York State Human Rights Law (SHRL)
The New York State Human Rights Law (SHRL) prohibits employers from “subjecting an individual to harassment based on their status in one of the protected classes.” Sex is a protected class under the New York SHRL, just as it is under Title VII.
But, since the New York SHRL applies to all employers regardless of size, you may have a claim under this law even if you aren’t protected under Title VII. The New York Division of Human Rights handles claims filed under the New York SHRL. We can handle your claim with the New York Division of Human Rights as well, and we can use our experience to help make sure your employer is held fully accountable.
What Constitutes Sexual Harassment in the Workplace?
Under both Title VII and the New York SHRL, sexual harassment claims can involve a wide range of types of inappropriate and illegal conduct. Generally speaking, however, to file a sexual harassment claim, employees must be able to prove either: (i) a hostile work environment; or, (ii) a request for a quid pro quo.
Hostile Work Environment
Many sexual harassment cases under Title VII and the New York SHRL involve hostile work environments. While there is no precise definition of a hostile work environment, if you feel like you are in one, you probably are.
It is important to note, however, that “hostile work environment” is more terminology than substance. Under the New York SHRL in particular, a single nonconsensual act can be sufficient to create a “hostile work environment” and establish a claim for compensation or other remedies. With this in mind, no matter what happened, if you have questions about filing a sexual harassment claim, you should not hesitate to schedule a consultation. This costs nothing (and it is completely confidential), and we are more than happy to help you make informed decisions about your next steps.
Quid Pro Quo
Sexual harassment claims can also involve a quid pro quo. Quid pro quo means “something for something,” and in the sexual harassment context this means that you have been asked for a sexual favor in exchange for some sort of benefit at work.
To be abundantly clear, you do not have to give “something for something” to have a quid pro quo sexual harassment claim. If you refused a request for a quid pro quo and experienced adverse employment-related consequences as a result, this is a clear violation of your legal rights. We represent individuals who have been demoted, reassigned, fired and experienced all other types of adverse employment actions in quid pro quo cases. If you received a request for a quid pro quo—no matter how direct or how subtle—a Long Island sexual harassment lawyer at Bell Law Group can help you.
How Can You Prove Sexual Harassment at Work?
If you are a victim of sexual harassment in the workplace, how do you prove it? We use several forms of evidence to prove our clients’ rights in sexual harassment cases, although the types of evidence we can use in any particular case depend on the specific circumstances involved. With this in mind, some examples of the types of evidence we may be able to use to prove your legal rights include:
- Emails, direct messages or texts on your laptop, tablet or phone
- Internal communications after the incident between those involved
- Other documentation that creates a paper trail showing a quid pro quo
- An internal investigation report
- Forensic evidence if you were sexually assaulted
- Statements or testimony from coworkers
- Your own statements or testimony
Again, these are just examples. If you have anything else that you think may be relevant to proving that you are a victim of sexual harassment in the workplace, you should keep it in a safe place until you can share it with your lawyer. At the same time, if you don’t have any evidence in your possession, that is completely fine. This is not unusual; and, if you have a claim, our lawyers can work to gather the evidence we need once we file your complaint with the EEOC or New York Division of Human Rights.
5 Steps to Take if You Have a Sexual Harassment Claim
While our lawyers can take legal action on your behalf, we will need to rely on you to provide us with information initially. With this in mind, if you think you may have a sexual harassment claim, you should:
1. Take Detailed Notes (and Keep Taking Them)
Take some time to write down as many details as you can remember. If you have been dealing with a hostile work environment, when did the issues start? Who has been involved? Have you reported any of the inappropriate conduct? If so, when and to whom? If you received a request for a quid pro quo, when and where did it happen, and what happened after you said no?
If you are continuing to deal with issues at work, you should keep taking notes on a daily basis. The more details you can record, the better.
2. Keep Any Relevant Communications
If you have any emails, direct messages or texts, that are relevant to your claim, you should be sure to keep them. If you aren’t sure how, you can take photos or screenshots with your phone. If you aren’t sure whether a message is relevant, keep it so that your lawyer can decide if it is helpful for your claim.
3. Save Copies of Your Employment Records
It will be a good idea to save copies of your employment records, too. In particular, if you have any recent positive performance reviews or have received any awards at work, these could be helpful if you need to prove that you experienced adverse employment action after rejecting a quid pro quo.
4. File a Complaint at Work
If you have not done so already, you should file a complaint at work. You should be able to file a complaint with your manager or supervisor (unless your manager or supervisor was involved), or else with your company’s human resources (HR) department. When you file your complaint, be sure to keep a copy (or take a photo) for your records.
5. Talk to a Long Island Sexual Harassment Lawyer
You will need an experienced Long Island sexual harassment lawyer on your side, and you can (and should) get started by scheduling a free consultation. Everything you discuss will be kept strictly confidential; and, at the end of your free consultation, you should feel confident that you are able to make informed decisions about what to do next.
5 Mistakes to Avoid if You Have a Sexual Harassment Claim
Along with taking these steps to help protect your legal rights, there are some mistakes you will want to be careful to avoid as well. For example, if you think you may have a sexual harassment claim on Long Island, you should not:
1. Ignore the Fact that You Are a Victim
Do not ignore the fact that you are a victim. As we said above, sexual harassment is never okay. Title VII and the New York SHRL exist specifically to help people in your situation, and you owe it to yourself to use the protections that are available to you.
2. Assume Your Situation at Work Will Improve
One of the most common mistakes we see employees make is assuming that their situation will improve. Unfortunately, this rarely happens on its own—in fact, most situations only get worse. If your situation is like most, the reality is that nothing is going to change unless you take action.
3. Let Your Employer Ignore Your Situation
Just as you should not ignore your situation, you should not let your employer ignore it either. If you report sexual harassment in the workplace and your employer does nothing, you should continue to speak up. If your employer is ignoring your complaints or refusing to acknowledge what has happened, a Long Island sexual harassment lawyer at our firm can deal with your employer on your behalf.
4. Let Your Employer Tell You What to Do (or What Not to Do)
When you have a sexual harassment claim, it is important not to let your employer tell you what to do. It is equally important not to let your employer tell you what not to do. In this situation, most companies will put their best interests first, and this means that employees need to look out for themselves.
5. Wait to Take Legal Action
If you are (or think you may be) a victim of sexual harassment, you should not wait to take legal action. To the contrary, you should take action as soon as possible. Not only are there strict deadlines you need to meet, but waiting any longer than necessary could make it more challenging to assert your legal rights effectively.
How a Long Island Sexual Harassment Lawyer Can Help You
As we mentioned above, hiring a lawyer promptly is one of the most important steps you can take to protect your legal rights after experiencing sexual harassment on the job. Here are just some of the ways an experienced Long Island sexual harassment lawyer at Bell Law Group can help you:
- Explain Your Legal Rights Under Title VII and/or the New York SHRL – Your lawyer will be able to clearly explain your legal rights under Title VII and/or the New York SHRL. While employees’ rights under these laws are clear, they are also complicated, and it is critical to ensure that you have a clear and comprehensive understanding of how the law protects you.
- Determine What Remedies You Can (and Should) Seek – If you are a victim of sexual harassment in the workplace, you may be entitled to various remedies. These include both job-related remedies (i.e., job placement or reinstatement) and financial remedies (i.e., back pay and additional compensatory damages). You may be entitled to punitive damages as well. Your lawyer can explain what remedies you can (and should) seek based on the specific circumstances of your case.
- Deal with Your Employer on Your Behalf – From filing a sexual harassment report to trying to work out a resolution that avoids the need for formal legal action, your lawyer can deal with your employer on your behalf as well. Once you hire a lawyer to represent you, your employer may begin handling your allegations very differently.
- File a Complaint with the EEOC or New York Division of Human Rights – If it makes sense in your situation and you decide to move forward, your lawyer will file a complaint with the EEOC or New York Division of Human Rights. These are formal legal procedures that are subject to strict procedural requirements—so experienced legal representation is essential. We have been representing employees in EEOC and New York Division of Human Rights cases since 2002.
- Talk to Potential Witnesses and Gather Evidence – Your lawyer can talk to potential witnesses; and, after filing a formal complaint, your lawyer will be able to begin gathering any additional evidence needed to prove that you experienced sexual harassment on the job. This is a key step in the process, and experienced legal representation is essential here as well.
- Take Your Sexual Harassment Case to Court if Necessary – If you are not able to obtain a satisfactory resolution through the EEOC or New York Division of Human Rights, your lawyer will take your sexual harassment case to court. While this isn’t necessary in most cases, it is important to understand that this is a possibility.
- Help You Decide When (and If) to Settle with Your Employer – In many cases, employers will agree to settle their employees’ sexual harassment claims. If your employer makes a settlement offer, your lawyer will help you decide whether to accept. This is completely up to you—in this scenario, our role is to help you make an informed decision.
While there are many ways we can help you if you are a victim of sexual harassment, we can only help you if you get in touch. Your initial consultation is completely free and confidential, and you are under no obligation to move forward with filing a sexual harassment claim. But, if you decide to file a claim, timing could be a factor—so the sooner you get started, the better.
Discuss Your Legal Rights with an Experienced Long Island Sexual Harassment Lawyer in Confidence
Do you have questions about filing a sexual harassment claim against your employer? If so, our lawyers can explain everything you need to know. To discuss your legal rights with an experienced Long Island sexual harassment lawyer in confidence as soon as possible, call 516-530-9936 or request a free consultation online today.
