Workplace harassment attorney in New York City

Workplace harassment can make your job stressful and unsafe. In New York City, some types of harassment are illegal. When that happens, you may need a lawyer to protect your rights and help you take action.

This article explains the legal issues involved in workplace harassment and when you should speak with an attorney.

What Counts as Workplace Harassment Under New York Law

Not all bad behavior at work is illegal. Under New York law, harassment becomes illegal when it is based on a protected trait.

These traits include race, gender, religion, national origin, age, disability, sexual orientation, and gender identity.

Harassment can include unwanted comments, jokes, threats, or physical actions. It can also include sexual harassment, such as unwanted touching or repeated requests for dates.

A lawyer can help determine if your situation meets the legal definition of harassment.

When Harassment Becomes Illegal Discrimination

In New York City, the law is very protective. Even one serious incident can be enough to qualify as illegal harassment.

Under the New York City Human Rights Law, you do not always need to prove the behavior was severe or ongoing. This makes it easier to bring a claim compared to federal law.

An attorney can review your case and explain whether your rights were violated under city, state, or federal law.

Filing a Complaint With the EEOC or NYC Commission on Human Rights

Before filing a lawsuit, many cases require filing a complaint with a government agency.

You may file with the Equal Employment Opportunity Commission or the New York City Commission on Human Rights.

These agencies investigate claims and may try to resolve the issue.

Deadlines are very important. Missing a deadline can prevent you from bringing a claim. A lawyer can make sure your complaint is filed correctly and on time.

Employer Liability and Workplace Investigations

Employers can be held responsible for harassment in the workplace. This is especially true if a supervisor is involved.

Employers must also take complaints seriously and conduct proper investigations.

If an employer ignores complaints or fails to act, that can strengthen your case.

An attorney can gather evidence, review company policies, and show how the employer failed to meet its legal duties.

Retaliation After Reporting Harassment

It is illegal for an employer to punish you for reporting harassment.

Retaliation can include being fired, demoted, or treated unfairly after making a complaint.

Retaliation claims are often as important as the harassment itself. Even if the harassment claim is weak, retaliation may still be strong.

A lawyer can help prove the connection between your complaint and the negative action taken against you.

Negotiating a Settlement or Severance Agreement

Many harassment cases are resolved through settlement.

Employers may offer a severance package in exchange for a release of claims.

You should not sign any agreement without legal advice. You may be giving up important rights.

An attorney can negotiate better terms, including higher compensation and protection of your reputation.

Filing a Lawsuit for Workplace Harassment

If your case cannot be resolved, you may need to file a lawsuit.

This process involves gathering evidence, taking depositions, and presenting your case in court.

Workplace harassment lawsuits can be complex. A lawyer will handle the legal process and build a strong case on your behalf.

Damages Available in Harassment Cases

If you win your case, you may be entitled to compensation.

This can include lost wages, emotional distress damages, and sometimes punitive damages.

New York City law allows for strong remedies, especially in serious cases.

An attorney can estimate the value of your case and fight for full compensation.

Why You Need a Workplace Harassment Attorney in NYC

Workplace harassment cases involve strict rules and deadlines. Employers often have lawyers defending them.

Having an experienced attorney can make a major difference.

The Law Offices of Albert Goodwin represents clients in New York City in harassment and employment law matters. The firm can help you understand your rights, file claims, and pursue compensation.

Call us for a consultation. You can contact us by phone at 212-233-1233 or by email at [email protected].

The Three Levels of Anti-Harassment Law in New York

New York City workers are protected by three overlapping levels of anti-harassment law:

• Federal law. Title VII of the Civil Rights Act, ADA, ADEA, and other federal statutes. Apply to employers with 15+ employees (Title VII), 20+ (ADEA), or 15+ (ADA).
• New York State Human Rights Law. Applies to employers with one or more employees (recently expanded from four or more). Provides somewhat broader protections than federal law.
• New York City Human Rights Law. Applies to employers with four or more employees in NYC. Provides the broadest protections in the country.

The NYC law's "petty slights and trivial inconveniences" standard makes it easier for plaintiffs to bring claims than under federal law's "severe or pervasive" standard. NYC workers benefit substantially from this enhanced protection.

Protected Categories

NYC law protects against discrimination and harassment based on many categories:

• Race, color, ethnicity, national origin.
• Religion or creed.
• Age (with specific protections for older workers).
• Sex, gender identity, gender expression, sexual orientation.
• Pregnancy, lactation, fertility.
• Disability (physical, mental, perceived).
• Military or veteran status.
• Marital and partnership status.
• Caregiver status.
• Citizenship and immigration status.
• Conviction or arrest record (with specific limits).
• Credit history.
• Domestic violence victim status.
• Sexual or reproductive health decisions.

NYC's list is among the most comprehensive in the nation. State and federal laws cover narrower lists but provide additional remedies in some cases.

Filing Deadlines

Each statute has specific deadlines for filing complaints:

• EEOC (federal). 300 days from the discriminatory act in states with state agencies (like New York).
• NYC Commission on Human Rights. One year from the act.
• NY State Division of Human Rights. Three years from the act (extended from one year by recent legislation).
• NY State Court lawsuits. Three years for state law claims.
• NYC court lawsuits. Three years for NYC law claims.
• Federal court lawsuits. Must follow EEOC procedures and receive a "right to sue" letter.

Missing a deadline can permanently bar a claim. Counsel should be consulted promptly to ensure all applicable deadlines are observed.

Investigation Phase

Strong harassment cases require thorough investigation:

• Document the harassment with dates, times, locations, and witnesses.
• Preserve communications (emails, texts, voicemails).
• Save copies of any complaints you made internally.
• Identify other employees who may have been harassed or who witnessed yours.
• Preserve performance reviews showing your work was satisfactory.
• Document any retaliation following complaints.
• Keep records outside the employer's systems where the employer cannot delete them.

Internal Complaint Procedures

Most employers require complaints to follow internal procedures first. Important considerations:

• Follow the procedures in your employee handbook or HR policies.
• Put complaints in writing for documentation.
• Cooperate with internal investigations while protecting your rights.
• Be aware that statements to HR may be used in later proceedings.
• Consider consulting counsel before significant internal interviews.
• Document the employer's response (or non-response) to your complaint.

Hostile Work Environment Claims

A hostile work environment claim has specific elements:

• Unwelcome conduct based on a protected characteristic.
• Conduct sufficiently severe or pervasive to alter the conditions of employment (federal standard) or going beyond petty slights (NYC standard).
• Conduct directed at the plaintiff or affecting their work environment.
• Employer liability based on knowledge or imputed knowledge.

The NYC standard is much more plaintiff-friendly than the federal standard. Cases that fail under federal law may succeed under NYC law.

Sexual Harassment Specifically

Sexual harassment includes two main types:

• Quid pro quo. Submission to sexual conduct made a condition of employment benefits.
• Hostile environment. Sexual conduct creating an offensive work environment.

New York's Stop Sexual Harassment in NYC Act requires employers to:

• Provide annual sexual harassment training.
• Display anti-harassment posters.
• Provide handouts about harassment policies.
• Investigate complaints.

Employer failures to comply with these requirements can support harassment claims.

Retaliation Protections

Retaliation against employees who complain about harassment is independently illegal. Retaliation can include:

• Termination.
• Demotion or transfer.
• Reduction in hours or pay.
• Negative performance reviews.
• Hostile treatment.
• Refusal to provide normal benefits or training.
• Withholding of references.

Retaliation claims can be brought even if the underlying harassment claim fails. The retaliation must be tied to protected activity (complaining about harassment).

Damages Available

Successful harassment plaintiffs can recover:

• Back pay. Lost wages from termination or other adverse action.
• Front pay. Future lost earnings if reinstatement is not feasible.
• Compensatory damages. For emotional distress, pain, and suffering.
• Punitive damages. In egregious cases, to deter and punish the wrongdoer.
• Attorney's fees. Recoverable in successful cases.
• Court costs. Filing fees, expert witness fees, and other costs.

NYC law allows unlimited compensatory damages and provides for attorney's fees. These remedies make NYC particularly favorable for plaintiffs.