Sex Discrimination : Sexual Harassment in the Workplace
Sexual Harassment in the workplace is also unlawful when it is so frequent that it creates a hostile or offensive work environment. Everyone has a right to perform his or her job without unwanted sexual advances, requests for sexual favors, offensive remarks or physical contact of a sexual nature. Employers are obligated to remedy any sexual harassment situations of which they are aware or should be aware. If you are a victim of sexual harassment, check to find out your employer’s procedure for reporting such offenses.
Sex & Gender Identity Discrimination/Harassment
New York City and New York State laws prohibit discrimination in any aspect of employment, from hiring, promotions, job assignments, promotions, fringe benefits and pay to training, layoffs, firing or any other condition of employment based upon gender,or sexual orientation.
What is Sex & Gender Discrimination?
Treating an employee or job applicant unfavorably or unequally because of their sex or gender identity constitutes a violation of The New York City Human Rights Law. In addition to gender identity discrimination claims, lesbian, gay and bisexual individuals may file sex discrimination claims, if subjected to sexual harassment or other types of sex discrimination, i.e. adverse actions taken because of the person’s sexual identification.
Discrimination in Pay Due to Gender
Paying a woman less than a man doing the same job is unlawful, and under New York State Law, may subject the employer to penalties of up to 300% of the violation.
Legal Help for Sex Discrimination and Harassment
You should contact our New York City office to get advice on what your rights are before the adverse action takes place if possible. Remember also that in New York, it is perfectly lawful to record a telephone conversation if one party to the conversation consents. This means that if you consent to the recording (which you obviously do if you’re doing it), it is legal even though the other party to the conversation doesn’t know it’s being recorded. Caution, though, if the other party to the phone call is outside New York State, this might not always be true. It is also often possible, and advisable, to utilize e-mail or other written communications with your employer to make a clear written record of what is actually going on, which will be quite different from the version your employer will present once a claim is made. However, you should always consult with us before you begin writing anything to your employer in one of these difficult situations. Remember, your employer has already probably already consulted with experienced employment lawyers on the management side – you should level the playing field by consulting with the Law Offices of William Cafaro before you start putting your positions down in writing.
Our response to an e-mail inquiry cannot create an attorney-client relationship or authorize us to do any work on your case.