White Plains Sexual Harassment Lawyers
If you have experienced any kind of sexual harassment in the workplace, it is essential to speak with our White Plains sexual harassment lawyers about your case. Regardless of whether your employer or another person at your workplace engaged in harassing behavior, you may be eligible to file a claim. At Carey & Associates, P.C., we are committed to providing representation to employees facing sexual harassment at work.
Different Types of Sexual Harassment in the White Plains Workplace
Under both federal and state law, sexual harassment typically occurs in one of two manners:
- Quid pro quo harassment, in which the harassment includes requests for sexual favors in exchange for workplace benefits or at the threat of experiencing adverse action for refusing to submit to sexual advances; and
- Hostile work environment harassment in which the sexual harassment in the workplace is serious enough to create a hostile work environment.
It is critical to understand that federal and state law define a hostile work environment slightly differently, with the New York State Human Rights Law providing additional protections to employees beyond those provided under Title VII of the Civil Rights Act of 1964.
Sexual Harassment Under New York State Law and Federal Law: Understanding the Differences
You should know that sexual harassment in a White Plains workplace can be prohibited by federal and state law, but New York state law in general provides more protections to employees than does federal law. The following are some key facts and distinctions to know:
- Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex in employment, which includes protections against sexual harassment in the workplace. In order for you to have protections under federal law against sexual harassment, you might work for a covered employer. White Plains employers, regardless of whether they are private or public sector employers, are covered if they have 15 or more workers. Employers with fewer than 15 workers are not covered, but employees may still be protected under state law.
- In New York, the New York State Human Rights Law requires all employers in the state, no matter how many workers they have, to provide all workers with a working environment that is free from sexual harassment.
- Under federal law, in order for sexual harassment to rise to the level of creating a hostile work environment, the party filing the claim must be able to show that the harassing behavior was so â€œsevere or pervasiveâ€ that it created a hostile work environment. Generally speaking, federal law does not consider a single isolated incident to be enough to prove a hostile work environment unless that single incident was severe enough to create a hostile work environment.
- Under state law, the New York State Human Rights Law no longer requires a party filing a claim to prove that sexual harassment that creates a hostile work environment is â€œsevere or pervasiveâ€ in order for the harassment to be unlawful. While the harassing behavior or language was more than â€œpetty slights or trivial conveniencesâ€ in order to be unlawful, actions or language that do not rise to the level of â€œsevere or pervasiveâ€ can indeed be unlawful and prohibited under state law.
Examples of White Plains Sexual Harassment
In terms of sexual harassment that rises to the level of creating a hostile work environment in White Plains, it is important to understand that the harassment can take many different forms. It can occur in person in the workplace, and it can also take place in remote work environments. Sexual harassment may involve language or actions of a sexual nature, but it can also include harassing behavior pertaining to a personâ€™s sex. Examples of sexual harassment that may be unlawful under federal or state law include but are not limited to:
- Jokes about a personâ€™s sex;
- Making offensive comments about a personâ€™s sex;
- Displaying sexually suggestive materials in the workplace;
- Sharing sexually explicit photos or videos in the workplace;
- Requesting sexual favors;
- Making unwelcome sexual advances; or
- Sexting or sending sexually explicit emails.
Contact Our White Plains Sexual Harassment Attorneys Today
If you have been the target of sexual harassment in the workplace, or if you have been affected by sexual harassment in the workplace that has created a hostile work environment, our sexual harassment lawyers in White Plains can assess your circumstances today and discuss your options for filing a claim. We can help you to determine whether you have a claim under federal or state law, and what steps you need to take to move forward with your case. Contact Carey & Associates, P.C. today online or call us at (203) 255-4150 for more information.
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