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Albany Sexual Harassment Lawyer
An Albany sexual harassment lawyer at Bailey, Johnson & Peck, P.C. can help individuals who have been sexually harassed within the work environment. The sexual harassment attorneys at our law firm have extensive experience handling these claims and can help victims build a strong case against employers.
No one deserves to endure a hostile work environment or experience sexual harassment in the workplace, and no amount of sexual harassment is “acceptable” enough to ignore. If you have been sexually harassed at work, you need an Albany sexual harassment attorney to help you fight for your rights and help you seek justice.
The Albany labor and employment lawyers at Bailey, Johnson & Peck, P.C. are here to provide compassionate advocacy for sexual harassment victims, regardless of their gender, industry, or position within their company. Call our sexual harassment lawyers at 518-456-0082 to schedule a free consultation regarding your sexual harassment case.
Sexual Harassment in the Workplace
Sexual harassment is a term that encompasses unwanted advances or harassment in the workplace. Sexual harassment includes unwanted sexual advances, requests for sexual favors, rude comments, sexual innuendos, negative employment action due to a person’s sex, and any other words or actions of a sexual nature from anyone in any setting. This comes in many forms, from subtle behaviors or text messages that allude to sexual favors or asking about someone’s sex life.
Federal law protects victims of sexual harassment and sexual assault, including in the workplace. In fact, Title VII of the Civil Rights Act considers sexual harassment as sex discrimination.
Unfortunately, unwanted sexual advances are common within work environments. According to the U.S. Equal Employment Opportunity Commission (EEOC), unlawful workplace harassment is any inappropriate conduct that becomes necessary to keep a job or position or any conduct that creates an abusive and hostile work environment.
For an employee to have experienced sexual harassment, by law, a reasonable person must find it offensive, uncomfortable, hostile, or abusive. For example, if an employee complements the color of a person’s outfit, a reasonable person would likely not find this kind of comment offensive, even if it made the recipient uncomfortable.
Types of Sexual Harassment in Albany, NY
Workplace harassment can manifest in various forms, each with its own characteristics and implications. Recognizing these distinct types is crucial for identifying and addressing instances of sexual harassment effectively.
Quid Pro Quo Harassment in New York
Quid pro quo harassment is a form of sexual harassment that is usually perpetuated by individuals in positions of authority, such as manager, employer, or other employee in a supervisor role. This occurs when an employer or someone in a position of power makes unwanted advances toward an employee or requests sexual favors in exchange for some benefit or to avoid negative consequences. This can include demands for sexual favors in return for a promotion, pay raise, or favorable treatment.
Unwelcome Sexual Advances
Unwelcome sexual advances involve any unwanted verbal, non-verbal, or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. This can range from inappropriate comments or jokes through text messages to unwanted physical touch. This unwelcome conduct can come from anyone in the workplace, including supervisors, co-workers, or clients and customers.
Hostile Work Environment Sexual Harassment
A hostile work environment must exist for workplace discrimination to be considered by law. There are numerous situations in which this can occur, but it typically happens when pervasive or severe unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment.
This can include explicit sexual comments, suggestive gestures, or the display of sexually explicit materials, which can interfere with an individual’s ability to perform their job effectively and affect their emotional well-being.
Gender Harassment
Gender harassment involves treating someone unfairly or making offensive comments based on their gender. While not necessarily involving explicit sexual advances, this behavior is still a form of sex discrimination, meaning that it may constitute sexual harassment under federal law.
This behavior can contribute to a hostile work environment by perpetuating stereotypes, belittling individuals based on their gender, or making derogatory remarks about specific genders.
How to Report Sexual Harassment in the Workplace in New York
The first place you should report harassment is to your company’s human resources department. If your employer or company fails to take any action to remedy the sexual harassment situation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). In New York State, you must report the sexual harassment within 180 days of the last act.
The EEOC will perform a sexual harassment investigation. If they determine you have an actionable sexual harassment claim, they will send you a Notice of Right to Sue. This will allow you to file a lawsuit for your losses. You must file a lawsuit within 90 days of receiving your Notice of Right to Sue from the EEOC, or they may dismiss your case.
Retaliation After Reporting Sexual Harassment
Unfortunately, many sexual harassment victims don’t come forward due to fear or their employer’s response. They may fear retaliation from either their employer or the co-worker who is the harasser. However, Title VII makes it illegal for any employer or employee to retaliate if an employee comes forward about the sexual harassment that they’ve suffered.
Do I Need a Sexual Harassment Attorney for Sexual Harassment in the Workplace?
If you have been a victim of sexual harassment, you need an experienced sexual harassment lawyer who can help inform you of your rights, hold the responsible parties accountable, and protect you from future harm.
The federal laws surrounding workplace discrimination can be incredibly specific, and certain unprofessional comments or actions may not fall under the umbrella of “sexual harassment.”
It’s important to have an Albany sexual harassment attorney who can review your sexual harassment claim and determine whether or not you qualify to file a sexual harassment lawsuit.
Even if you don’t qualify for a sexual harassment claim, an Albany sexual harassment lawyer can still work with you and your employer to ensure you do not feel uncomfortable. You do not deserve to feel scared, intimidated, or deeply uncomfortable at work, and a compassionate legal team can help ensure your work environment is a safe and comfortable space for you and your coworkers.
How Our Albany Sexual Harassment Lawyers Build a Strong Sexual Harassment Case
No one deserves to go to work feeling scared and threatened. If you’re suffering from continued workplace sexual harassment, you need an Albany sexual harassment lawyer from Bailey, Johnson & Peck, P.C. on your side.
Our dedicated attorneys have an in-depth understanding of federal sexual harassment law and can investigate your situation to determine your eligibility to file a sexual harassment claim or lawsuit. If eligible, our Albany sexual harassment attorneys can help you take legal action against your harasser and help you receive justice. Even if your claim is denied or you are ineligible to sue, we can help you seek relief from uncomfortable conduct in your workplace.
Investigating Sexual Harassment Claims
If you believe you have been the victim of unlawful harassment in the workplace, an Albany employment attorney on our legal team can conduct a thorough investigation into the allegations of sexual harassment. Our sexual harassment attorneys will gather evidence, interview witnesses, and review relevant documentation to understand the incident comprehensively.
By meticulously examining the facts, our sexual harassment lawyers can effectively assess the strength of the case and determine the most appropriate legal strategies to pursue. Our law firm will also inform you of your legal rights to ensure you understand what retaliatory actions you are protected against.
Filing a Sexual Harassment Lawsuit in New York
If the EEOC determines that you are the victim of workplace harassment, the sexual harassment lawyers at Bailey, Johnson & Peck, P.C. can help you file a sexual harassment lawsuit against your alleged harasser.
Our law firm can guide you through every step of the legal process, from drafting the initial complaint to representing you in court proceedings. Our goal is to advocate vigorously for your rights and hold the responsible parties responsible for engaging in sexual harassment or for allowing it to happen or continue to happen.
Proving Employer Liability in Workplace Sexual Harassment
Our legal team is well-versed in the laws governing employer liability, including their liability regarding sexual misconduct and harassment. Employers are responsible for taking reasonable actions to protect employees from harm and, in some situations, can be held liable for the wrongful actions of their employees.
We’ll carefully examine the actions (or inaction) of your employers and their role in allowing the harassment to occur. We will work tirelessly to hold employers accountable and secure the justice and compensation you deserve.
Compensation for Sexual Harassment Lawsuit in Albany, NY
A victim of workplace harassment can receive compensation for a variety of damages from their sexual harassment claim, including:
Lost wages if the harassment caused them enough fear to miss several days of work or resulted in termination
Loss of earning capacity if the victim endured a quid pro quo situation that resulted in a demotion
Emotional distress
Medical expenses, if a sexual assault occurred and required the victim to receive medical care
Counseling expenses if the victim develops severe anxiety, depression, or PTSD
Punitive damages
Albany Sexual Harassment Lawyers
Any harassing conduct within the workplace can cause a victim to suffer physically, mentally, and financially, especially if their company makes no effort to remedy the situation. That’s why our law firm is so passionate about fighting for the rights of workplace sexual harassment victims.
If you’re ready to take legal action, call an employment attorney at Bailey, Johnson & Peck. We have decades of combined experience in handling all sorts of injustices in the workplace. Our sexual harassment attorneys take a proactive approach to building strong sexual harassment cases, conducting thorough investigations, and leveraging our expertise in employment law to pursue the best possible outcome.
If you’re ready to begin an attorney-client relationship with us, call an employment lawyer with our law firm today at 518-456-0082 or fill our our contact form online. We also have Albany employment contract lawyers on staff and offer a free consultation to all new clients.
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