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What Is Sexual Harassment in the Workplace?

Sexual harassment in the workplace is a form of sex-based discrimination that is illegal under federal, state, and local laws. It involves any unwelcome conduct of a sexual nature that affects an individual's employment. This conduct can be verbal, physical, or visual.  

 

Sexual harassment includes unwanted behavior of a sexual nature that affects your job, creates a hostile environment, or leads to retaliation. This behavior may come from a supervisor, co-worker, or even a client.

 

It's important to understand that sexual harassment doesn't have to be motivated by sexual desire and can happen to anyone, regardless of their gender or sexual orientation. The harasser can be a supervisor, co-worker, or even a non-employee like a client or customer.

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There are generally two main types of sexual harassment:

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1) Quid Pro Quo Harassment

 

"Quid pro quo" is a Latin phrase meaning "something for something." This type of harassment occurs when an employment benefit is conditioned on the submission to unwelcome sexual advances. It involves a clear exchange, or a threatened exchange, of sexual favors for something related to the job.

Key characteristics of quid pro quo harassment:

• It must involve a supervisor or someone with authority. The harasser must have the power to influence the victim's employment terms, such as hiring, firing, promotions, raises, or job assignments.

• The advances are unwelcome. Even if the victim complies with the request, it can still be considered harassment as long as the advances were unwanted.

• A "tangible employment action" is involved. The harassment culminates in a significant change in the victim's employment status, such as being fired, demoted, denied a promotion, or receiving a pay cut, after refusing the advances.

Examples of quid pro quo harassment:

• A manager tells an employee that they will get a promotion if they go on a date with them.

• A supervisor threatens to fire an employee if they refuse to perform a sexual favor.

• A hiring manager tells a job applicant that a job offer is contingent on their acceptance of sexual advances.

 

2) Hostile Work Environment

A hostile work environment is created when the unwelcome sexual conduct is so frequent or severe that it creates an abusive, intimidating, or offensive work environment. Unlike "quid pro quo," it doesn't require a tangible employment action like a demotion or firing.

Key characteristics of a hostile work environment:

• The conduct is "severe or pervasive." Simple teasing, offhand comments, or isolated incidents that are not very serious are typically not enough to create a hostile work environment. The conduct must be so frequent or severe that a "reasonable person" would find the environment hostile or abusive.

• It affects a "term, condition, or privilege of employment." The harassment interferes with a person's ability to do their job.

• The conduct is unwelcome. The victim did not solicit or invite the behavior.

Examples of conduct that can contribute to a hostile work environment:

• Unwanted touching, grabbing, or physical assault.

• Lewd gestures, sexually suggestive photos or cartoons displayed in the workplace.

• Frequent sexual jokes, comments, or innuendos.

• Spreading rumors about a person's sexuality or sex life.

• Repeatedly asking someone out on a date after they have said no.

• Offensive remarks about a person's sex in general (e.g., comments demeaning women or men).

 

Sexual Harassment Laws in New York

 

New York has some of the strongest anti-harassment laws in the country. The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) provide broader protections than federal law.

• All employers are covered: In New York State, the law applies to all employers, regardless of size. In NYC, employers with 15 or more employees must provide annual sexual harassment prevention training.

• Broader definition: The NYSHRL and NYCHRL have a lower standard for what constitutes a hostile work environment. An employee only needs to show they were subjected to "unwelcome conduct" based on their gender that was more than "petty slights or trivial inconveniences."

• No "severe or pervasive" requirement: New York law does not require the conduct to be "severe or pervasive" to be actionable. This makes it easier for victims to bring a claim.

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Common Examples of Sexual Harassment in the Workplace:

• Unwelcome touching or groping

• Sexual jokes, gestures, or comments

• Repeated advances or requests for dates

• Sharing explicit images or messages

• Threats of demotion or firing if you refuse sexual conduct

• Retaliation after rejecting advances or reporting harassment

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​Your Rights as an Employee

You are legally protected from:

• Quid Pro Quo Harassment – When job benefits are offered or threatened based on sexual favors

• Hostile Work Environment – When harassment is so severe or pervasive that it impacts your work environment

• Retaliation – If you’re demoted, fired, or mistreated after reporting harassment

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Common Questions related to Sexual Harassment in the Workplace

• How do I report sexual harassment at work?

• Can a client sexually harass an employee?

• What is a hostile work environment?

• What are the statute of limitations for sexual harassment claim?

• Can my employer retaliate against me for reporting a sexual harassment issue in the workplace? 

• What should I do if I'm being sexually harassed at work?

• Should I document incidents of sexual harassment in the workplace?  How?

• Can a woman sexually harass a man?  Can someone of the same sex be a harasser?

• Does sexual harassment in the workplace have to be sexual in nature?

• What is a hostile work environment?

• What is quid pro quo harassment? 

• What are my legal rights as a victim of sexual harassment in the workplace?

• What is the role of the EEOC

• Are off-color jokes or comments considered sexual harassment? 

• Is it harassment if I ask a coworker out on a date? 

• What if the sexual harassment is from a customer or a client? Am I protected from third-party sexual harassment?

• What if I had a consensual relationship that ended, and now the person is sexually harassing me?  

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These are some of the common questions related to sexual harassment in the workplace.  It's crucial to seek advice from an experienced employment lawyer who can guide you through the legal process, explain your options, and help you build a strong case.  Whether you’re experiencing sexual harassment in the workplace or simply want to know your rights, The Law Office of Joshua P. Frank, PLLC is here to guide and support you.  The firm provides free legal consultations, legal representation, employer policy reviews and more.  

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Top Sexual Harassment Law Firm, The Law Office of Joshua P. Frank, PLLC located in Garden City, NY in Nassau County can help you understand your rights, file complaints with the EEOC or NYSDHR, and potentially pursue legal action to seek compensation for damages.

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Legal Help for Sexual Harassment in the Workplace

If you're seeking a Long Island sexual harassment lawyer, top sexual harassment law firm, The Law Office of Joshua P. Frank, PLLC specializes in Long Island and NYC workplace sexual harassment cases.  The Law Office of Joshua P. Frank, PLLC serves Long Island, NYC and Westchester County.  Joshua P. Frank is a top New York City Employment Lawyer and a top Long Island Employment Lawyer.  Call The Law Office of Joshua P. Frank, PLLC located in Garden City, NY today at 516-416-4444 for a free and confidential consultation.    

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