Understanding Workplace Harassment: What You Need to Know

October 31, 2023

The workplace should be a safe and positive environment for all employees. Unfortunately, harassment is a common issue that can create a hostile work environment. Workplace harassment can take many forms, such as discrimination based on race, gender, age, religion, sexual orientation, or disability. It also includes verbal abuse, threats, unwanted touching, and sexual advances. If you've been a victim of workplace harassment, it's essential to understand your rights and seek help from a qualified attorney. In this blog post, we'll explore the topic of workplace harassment and explain what you need to know about it as a New York resident. 


1. What is workplace harassment?

Workplace harassment is a form of discrimination that violates federal and state laws. It refers to any unwelcome conduct based on a protected characteristic that creates an offensive or hostile work environment or leads to adverse employment actions. Harassment can be perpetrated by a supervisor, coworker, or third party. It can also include retaliation against an employee who opposes or reports harassment.


Examples of workplace harassment include:

- Verbal abuse, such as insults, teasing, and derogatory comments

- Physical harassment, such as unwanted touching

- Sexual harassment, such as sexual advances, requests for sexual favors, or sexually suggestive comments

- Bullying, such as intimidation, threats, or humiliation

- Discrimination, such as refusing to hire or promote someone based on their protected characteristics, or giving them different or unfair treatment


2. What are your rights as a victim of workplace harassment?

As a victim of workplace harassment, you have legal rights and protections under federal and state laws. In New York, the Human Rights Law prohibits discrimination and harassment in employment based on protected characteristics. You have the right to file a complaint with the New York State Division of Human Rights or the Equal Employment Opportunity Commission. You also have the right to sue your employer for damages, including lost wages, emotional distress, and punitive damages.


To take action against workplace harassment, you should document the incidents and report them to your supervisor or human resources department. If they don't take prompt and appropriate action to stop the harassment, you should consult with an experienced workplace harassment attorney who can advise you on your legal options.


3. How can a workplace harassment attorney help you?

A qualified workplace harassment attorney can help you navigate the legal process and protect your rights. They can advise you on the best course of action and represent you in negotiations or court proceedings. They can also help you determine the damages you are entitled to and negotiate a settlement or litigate the case on your behalf.


When choosing a workplace harassment attorney, look for someone who has experience and success in handling similar cases. They should also have a deep understanding of New York employment laws and regulations. It's also essential to choose an attorney who you feel comfortable communicating with and who will make sure you understand all the legal options available to you.


4. How can you prevent workplace harassment?

Preventing workplace harassment starts with creating a positive workplace culture that values diversity, respect, and inclusivity. Employers should have clear policies and procedures for reporting harassment, provide regular training on harassment prevention, and investigate all complaints promptly and thoroughly. Employees can also take steps to prevent workplace harassment, such as speaking up when they witness or experience harassment, and supporting their colleagues who are victims of harassment. By working together, employers and employees can create a safer and more productive workplace.


Workplace harassment is a serious issue that can have a significant impact on employees' physical and emotional well-being and career prospects. New York residents who have been victims of workplace harassment have legal rights and protections under state and federal law. If you're experiencing workplace harassment, it's crucial to document the incidents, report them to your employer, and consult with an experienced workplace harassment attorney. By being informed and taking action, you can protect your rights and hold your employer accountable for violating federal and state laws.


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