How to File a Sexual Harassment Claim
Sexual harassment occurs at a shockingly high rate in the United States, impacting thousands of people. Unwanted sexual advances, sexual comments, inappropriate touching, and more can make a workplace environment extremely uncomfortable and hostile, making it difficult for employees to perform their jobs.
In New York, sexual harassment is illegal. If you are experiencing unwanted sexual conduct at work, you have the right to report the incident and file a claim with a state or federal employment protection agency if necessary.
What Is Sexual Harassment?
Sexual harassment is prohibited by federal, state, and local laws. In the workplace, this behavior involves any verbal or physical conduct that is inappropriately sexual. Sexual harassment can contribute to an extremely hostile environment and unfair discrimination toward certain employees.
Below are a few examples of behaviors that constitute sexual harassment:
- Any form of unwanted physical touching
- Making sexually charged comments in a verbal or written form
- Inappropriately touching or brushing up against a colleague
- Making inappropriate sexual jokes and stories
- Sending sexually suggestive emails, texts, or direct messages
- Staring at a colleague in a lewd or suggestive manner
- Making inappropriate comments about a colleague’s sexual orientation
- Trapping or blocking a colleague in an intimidating way
- Sharing or sending inappropriate pictures or videos
It is important to remember that all employees in New York are protected from sexual harassment. Because sexual harassment is a type of sex-based discrimination, the New York State Human Rights Law prohibits this behavior. Employees are also protected under the federal Title VII of the Civil Rights Act of 1964.
Filing an Internal Sexual Harassment Claim
If you experience sexual harassment in your workplace, your first option is to report the incident to the human resources (HR) department at your company. New York employers are usually required to have a protocol in place for reporting and investigating sexual harassment.
First, gather as much evidence as possible about the harassment. Document the date, time, and details of each incident in a safe place. If there is any physical or digital evidence of the harassment, make sure to save it. Then, report the incident to your employer and follow the internal protocol.
Filing a Sexual Harassment Claim with a Federal or State Body
In some cases, filing a sexual harassment claim with an internal department does not work. Perhaps your abuser is in charge of the HR department or of the entire company. Maybe your employer retaliates against you for reporting the incident or tells you to brush it off. In these situations, you deserve justice.
You can escalate your claim by filing an official complaint with the federal Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. After you file your claim, the agency will investigate and determine whether sexual harassment occurred and whether your employer violated your rights. After a successful claim, you can recover compensation for the harm that you experienced.
Speak to a Workplace Harassment Attorney About Your Options
If you are experiencing sexual harassment at work, you need as much support as you can obtain. In these situations, a New York sexual harassment attorney can help you file your claim and protect your right to a safe workplace free of discrimination. Contact an attorney as soon as possible to discuss your case and plan your next steps.