Sexual harassment at work is a form of sex discrimination that can affect income, career stability, and personal safety. It can also upend a person’s sense of trust in the workplace they rely on.
The attorneys at Rheingold, Giuffra, Ruffo, Plotkin and Hellman, LLP, represent employees in these cases with legal precision and genuine care for what each of them has experienced. Our attorneys work with a psychotherapist experienced in trauma-informed practice, so clients are supported through the legal process rather than retraumatized by it.
Workplace sexual harassment includes unwelcome sexual conduct, comments, pressure, or behavior that affects employment or creates an abusive workplace. Though state and federal law define and protect against harassment somewhat differently, employees in New York City may bring claims against offending employers under:
The EEOC’s sexual harassment guidance explains that harassment can include unwelcome sexual advances, requests for sexual favors, and other sexual conduct.
Under the New York State Human Rights Law, harassment need not be severe or pervasive to be unlawful. Conduct is actionable once it rises above petty slights or trivial inconveniences, a lower bar than the federal standard.
To schedule a free, confidential consultation with our legal team, complete our contact form or call (212) 684-1880.
Sexual harassment claims often involve hostile work environment harassment, quid pro quo harassment, retaliation, or overlapping conduct such as:
Quid pro quo harassment occurs when job benefits or consequences are tied to sexual conduct. The EEOC’s guidance on employer liability describes this as using submission to, or rejection of, unwelcome conduct as the basis for an employment decision.
A lawsuit may be appropriate when sexual harassment causes employment harm, emotional distress, lost income, or professional consequences. Claims can involve supervisors, executives, coworkers, or non-employees whose conduct the employer knew or should have known about. Additionally, New York’s model sexual harassment policy confirms that unlawful harassment is not limited to the physical workplace. It can occur during business travel, at employer or industry-sponsored events, and through calls, texts, emails, or social media.
A federal claim under Title VII requires filing a charge with the EEOC and obtaining a right-to-sue letter before a lawsuit can proceed. Claims under the New York State or New York City Human Rights Law can typically be filed directly in court, or through an administrative complaint with the NYSDHR or NYC Commission on Human Rights. A lawyer can help you choose the best course of action for your unique situation.
Retaliatory action can take the form of termination, demotion, reduced hours, pay cuts, or disciplinary action. However, employers cannot lawfully punish employees for reporting harassment, opposing discrimination, participating in an investigation, or refusing sexual advances.
The EEOC’s retaliation guidance confirms that anti-retaliation protections apply once a worker engages in protected activity under federal employment discrimination law.
Deadlines depend on the law under which the claim is filed. More than one can apply to the same set of facts:
These clocks run separately, so a single incident can still be timely under one law after it has expired under another.
Harassment by third parties, including customers, patients, contractors, or vendors, can expose employers to liability under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law. In each case, liability generally turns on whether the employer knew or should have known about the conduct and failed to take corrective action.
Through discovery, your attorney will investigate the employer thoroughly for prior complaints about an individual, the company’s internal process for handling such behavior, and what corrective measures were taken and enforced.
Compensation depends on the facts, the evidence, employer liability, and the extent of the harm. Victims may recover back pay, front pay, lost benefits, emotional distress damages, therapy or medical costs, and attorney’s fees. Punitive damages may also be available.
Unlike compensatory damages, punitive damages are intended to punish an employer for especially egregious conduct and deter similar behavior in the future. Courts generally reserve these awards for cases involving malice or reckless indifference to an employee’s rights. When they are ordered, they can substantially increase the total value of a case.
The available damages can depend on which law applies. Title VII caps compensatory and punitive damages based on employer size, while the New York State and New York City Human Rights Laws do not impose such limits.
No lawyer can guarantee a specific result. Every sexual harassment lawsuit presents its own set of challenges, and the strength of each case is built on evidence, a documented history of damages, and a clear theory of employer responsibility.
New York’s General Obligations Law restricts employers from requiring confidentiality in a harassment settlement. Confidentiality may be included in the settlement agreement only if the employee prefers it remain confidential. Employee preference must be documented in a separate written agreement within 21 days of the settlement. They have an additional 7 days to revoke their decision after signing.
Attorney Thomas P. Giuffra has handled sexual abuse, civil rights, and catastrophic injury litigation for nearly 30 years. He currently leads the firm’s Sexual Abuse and Civil Litigation Department.
Tom has recovered more than $250 million for survivors of sexual abuse and trafficking, including a $14 million individual settlement. He holds the rank of Advocate in the American Board of Trial Advocates, a distinction held by fewer than 30 New York City lawyers, reserved for attorneys with at least 50 jury trials to verdict.
Thomas P. Giuffra says, “Sexual harassment in the workplace takes away more than a paycheck. It robs people of their confidence, their health, and their sense of safety. We build cases that hold employers accountable for all of it.”
Our team is here to help you reclaim your power over abusers via civil litigation. If you were harassed, coerced, or retaliated against at work, contact Rheingold Law today to schedule a free, confidential consultation to discuss your case and possible legal avenues for justice.
Contact our compassionate New York sexual harassment attorneys at (212) 684-1880 today.
