Sexual harassment is considered a form of gender-biased discrimination. Sexual conduct that is unwelcome and creates a hostile, intimidating or offensive work environment or is used for employment decisions like raises or promotions is sexual harassment.
In New York City, sexual harassment is prohibited by the New York City Administrative Code, the New York State Human Rights Law and Title VII of the 1964 federal Civil Rights Act.
Sexual harassment may be physical, visual and/or verbal. It includes:
-- Sexual gestures
-- Complimentary or derogatory comments about a person's sexual preferences or gender
-- Displaying pornographic images
-- Requests for sexual favors
-- Coerced sex acts
-- Unwanted groping or touching
-- Sexually offensive jokes or remarks
At Shulman Kessler LLP, we fight for the rights of those who have been victims of sexual harassment. This may include men and women who were direct victims of the unlawful actions as well as third parties who were adversely affected by the actions of others.
Those who file a complaint about sexual harassment are protected against retaliation by their employer. If this occurs, the victim may have a separate claim of retaliation in addition to the claim of sexual harassment.
Sexual harassment can happen outside of the workplace. For example, a landlord, teacher or service provider is prohibited from sexually harassing someone.
If you feel as though you have been subjected to sexual harassment, you should first contact the person or office that has been designated by your employer to take sexual harassment complaints. If that doesn't resolve the problem, we can help you file a complaint with the appropriate agencies. To learn more, please read over our webpages on sexual harassment.