NYC Harassment Attorneys
Harassment is not allowed in NYC workplaces, or any workplaces around New York State. In fact, it is against the law to put employees in a hostile work environment and for employers to allow harassment to continue. Furthermore, harassment in the workplace is also a violation of numerous New York and federal employment laws. Nonetheless, harassment still occurs with frightening frequency. If you’ve been harassed in the workplace, whether due to a protected status (race, ethnicity, gender, national origin, pregnancy, sexual orientation, and more), or whether due to hostility in the workplace, always remember that you have legal support.
At Hoffmaier & Hoffmaier, our NYC harassment attorneys have the resources and legal know-how to give you a comprehensive and aggressive representation. We will always put your interests at the forefront of our legal strategy, and we’ll work with you, every step of the way, to make sure that you know your legal options. For a free, no-obligation consultation with our harassment attorneys, call Hoffmaier & Hoffmaier today. Meanwhile, you can learn more about harassment laws in New York below.
New York Harassment Laws and Protections
Our employment law attorneys have helped numerous individuals in a variety of discrimination matters involving discrimination, harassment, and retaliation. Workplace harassment can also include behaviors such as intimidation, unreasonable denials of advancement opportunities, and being forced to work unreasonable amounts of overtime. Some of the fundamental laws protecting Americans from discrimination include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and other federal and state laws. According to these laws, it is illegal to discriminate against employees in all terms and conditions of employment regarding the following:
In addition to discrimination, employers cannot allow harassment to occur throughout the workplace (whether by employers, supervisors, or other employees). Instances of harassment may include:
- Sexual harassment — This type of harassment can include unwanted sexual advances, requesting sexual favors, and physical action. Sexual harassment can also include verbal harassment of a sexual nature.
- Religious harassment — Freedom of religion is a fundamental right in the United States. Religious harassment occurs, however, when employers or other employees subject an employee to unwanted, severe and persuasive conduct.
- Racial harassment — This type of harassment can include verbal and physical conduct of a racial nature. It is unwelcome behavior that happens because of your race. Conduct and behavior upon color or national origin are also similar to racial harassment, and can be against the law.
If the harassment occurs one time, the courts may see the action as an isolated incident. Moreover, it may be incredibly difficult to prove harassment over a single incident. Instead, harassment becomes unlawful when:
- Employees are forced to endure the harassment to keep their jobs
- The conduct is severe or pervasive enough that a reasonable person would consider the workplace intimidating, hostile or abusive.
Components of Workplace Harassment
Harassment can come in many forms, but for the most part, harassing conduct can include offensive jokes, name calling, slurs, physical assaults or threats, ridicule, insults, offensive pictures, and more. The harasser in these cases can be your boss, your department’s (or another department’s) supervisor, a co-worker, or a non-employee. Harassment can also occur during the job interview process. During the interview, a potential employer cannot ask you about your race, gender, religion, marital status, age, disabilities, ethnic background, country of origin, sexual preferences, and so on.
What to Do If You’re Being Harassed
If you are being harassed in your workplace, the first step is to resolve the issue internally. You can do this by reaching out to the individual or human resources, or by bringing the issue up with your employer, supervisor, or another responsible individual with the power to correct behavior in the workplace. In fact, to file a valid harassment claim, you need to show that your employer tried (or refused to try) to correct the harassing behavior.
The Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights enforce laws regarding workplace harassment. Your discrimination complaint should contain the following:
- Name and address of the agency or person that you believe harassed you
- How, why, and when you believe the harassment took place
- The types of discrimination/harassment
- Names of people involved in the harassment, as well as any witnesses
- Explanations of what happened, and why you believe it occurred
- Any other information that you think would be helpful
Keep in mind that there is a time limit to filing a harassment claim. According to discrimination laws in New York, you have 180 days after the harassment took place to file your complaint.
Contact Hoffmaier & Hoffmaier for NYC’s Top Employment Attorneys
If you suffered continual and severe harassment at work, don’t think that you have to remain silent. There are numerous legal resources out there to hold the responsible individual(s) accountable for their actions. The first step, however, is to consult with a prominent attorney experienced in harassment cases. At Hoffmaier & Hoffmaier, PC, our NYC harassment attorneys will help you build a comprehensive and strong case, with the goal of proving to the courts that harassment occurred and violated New York and federal laws.
To get started on your harassment case, call Hoffmaier & Hoffmaier at our Manhattan office by dialing (212) 777-9400 today. Free consultations are available.