Sexual Harassment in Employment

Pospis Law vigorously advocates for men and women who have been subjected to sexual harassment in the workplace. Incredibly, despite numerous advances in workplace equality, sexual harassment is as prevalent as ever.

Sexual harassment is a form of sex-based discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.

According to EEOC Regulations, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. [29 C.F.R. 1604.11]

Generally, courts group sexual harassment claims into two “types”:

“Quid pro quo“;
“Hostile Work Environment”.

Sexual harassment can occur in a variety of circumstances, as long as the harasser’s conduct is unwelcome. In addition:

The victim as well as the harasser may be a woman or a man.
The victim does not have to be of the opposite sex.
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

If you have been subjected to sexual harassment in the workplace, contact us today to discuss your rights.

Sexual Harassment Resources