Although some assume that only female workers are victims of sexual harassment in the workplace, every gender, age or rank can be at risk. The specific case of New York proves especially effective due to size and mixed composition of the workforce that provides a clear understanding of the signs of sexual harassment and how to react to it. The free guide to the signs of sexual harassment medical professionals and the process employees should follow when they feel their rights are being violated in the workplace is quite helpful.
Recognizing Sexual Harassment
There are many forms of sexual harassment and thus it is necessary to identify the problem at an early stage. It generally falls into two categories: tangible and intangible employment discrimination including: quid pro quo and hostile work environment.
- Quid Pro Quo Harassment: This falls under the category whereby employment or perks such as a promotion, a raise or retention in a job is linked to consent to sexual harassment. For instance, if a manager hints to an employee that she or he will lose the job if he or she does not enter into a romantic relationship, then it will be quid pro quo harassment.
- Hostile Work Environment: The legal definition of a hostile work environment is a situation where working is believed to become uncomfortable, hostile and/or offensive due to the sexual behavior that is considered unwanted. This may be in form of jokes that are regressive, comments on one’s size or shape or any touch that is not welcomed. If the behavior is not necessarily done to an individual, although it may make an environment hostile, it is also harassment.
In addition to these categories, sexual harassment can include various other behaviors such as:
- Verbal Harassment: Such actions may include making advance at the receptionist’s desk, making lewd remarks, telling obscene, lewd or sex related jokes, and constant invitation to dates.
- Non-Verbal Harassment: Lewd or vulgar actions such as: staring or leering, sexually provocative gestures or poses.
- Physical Harassment: Sexual harassment, which are touching, hugging or close contact that may be unwanted.
First of all, it would be crucial to understand that sexual harassment is not always very blatant. This happens in some instances with the victims are not quite sure whether they are being harassed or not. But if the behavior makes one uncomfortable then it should not be over looked.
The Legal Framework in New York
The laws in New York State New York Medical Malpractice Lawyer are some of the progressive laws in United States with regard to sexual harassment. Non-Exempt or Exempt or part-time or temporary or probationary or trainee or seasonal or contracted employees – everyone is protected against sexual harassment under NYSHRL at the workplace. Furthermore, the employers need to the give their employees annual sexual harassment prevention training.
More recently however there has been a constant evidenced trend of big law firms including Morelli Law firm, representing the victims of sexual harassment. Some of the achievements made by the firm have been instrumental in offering justice for those who were exploited while others have a message to convey to employers within New York State that this kind of behavior will not be condoned.
Steps to Report Sexual Harassment
In case you find yourself a victim of sexual harassment it is mandatory to act promptly and then adhere to the legal processes.
- Document the Harassment: It is advisable to note down each and every incidence that take place in detail regarding to the date, time, place and anyone who bore witness to it. Keep copies of any kind of messages that may have occurred in the form of emails, text messages or voice messages.
- Review Your Company’s Policies: Ideally, it will be wise to assume that they have a policy on sexual harassment at workplace to be on the safe side. This information is usually written on the employee handbook or maybe on the company’s internal website.
- Report the Harassment Internally: Almost all the firms have a well-established system through which men and women can report harassment. This might be done verbally with manager, HR officer or through a report complaint system may be electronic or a physical one. It is important to be as objective and factual in your report stating all the evidences documented.
- File a Complaint with the EEOC or NYSDHR: The internal process may not be helpful, or you might be afraid of getting a backlash by your employer and therefore, you can take this complaint to the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR). These agencies will look into your case and they may take you to court against your employer.
- Consult a Lawyer: Some of the sexual harassment cases may be complicated, and it is always wise to consult a New York Sexual Harassment Lawyer. A good law firm such as Morelli Law Firm can help you go through the right procedures to make sure that your rights as well as your case merit the justice you seek. Sexual harassment cases include experienced attorneys New York Wrongful Death Lawyer such as Benedict Morelli and David Sirotkin some of whom the firm has helped attain large settlements and verdicts.
The Importance of Speaking Out
It is not easy to report an incident of sexual harassment or to stand up against the perpetrator especially when one is bound to suffer from backlash or social exclusion. However it has to be noted that taking action does not only safeguard your rights but play a crucial role in the shaping a workplace where everyone would feel safe and respected. In essence, the measures of how one can report harassment ensure that you and other people can overcome the problem and fight aggressive actions.
New York’s legal system offers strong protections for victims of sexual harassment, and with the support of experienced legal professionals, you can take a stand against this pervasive issue. If you find yourself in need of legal assistance, firms like Morelli Law Firm are dedicated to helping victims navigate the legal process and achieve justice.
In conclusion, recognizing and reporting sexual harassment is a critical step in fostering a safe workplace. By understanding your rights and taking appropriate action, you can help bring about change and ensure that such behavior is no longer tolerated in New York’s work environments.
