Sexual Harassment

In New York, an employer may not refuse to hire, discharge, or treat an employee differently than other similar employees in terms of compensation or privileges because of that person’s gender. But what can an employee do about unwanted sexual advances, derogatory comments, and demeaning actions? Under the current state of the law, an employee who wants to stop sexual harassment and obtain compensation for the harm they suffered must demonstrate that the sexual harassment either created a “hostile work environment” or was a form of “quid-pro-quo” (Latin for “this for that”).

Just as with non-sexual “hostile work environment” cases, sexual harassment transforms a job into a hostile work environment when an employer's conduct has the purpose or effect of interfering with an employee’s duties or creating an intimidating, hostile, or offensive workplace. When sexual harassment permeates the workplace to the extent that a reasonable person would not be expected to endure such treatment, the law provides a remedy.

Quid-pro-quo (“this for that”) sexual harassment exists when actual employment decisions, such as promotions, hiring, firing, or compensation, are conditioned on the performance of sexual acts. For instance, if an employer tells an employee that they will not be promoted unless they sleep with the employer, then that employer has engaged in unlawful quid-pro-quo sexual harassment.

If you believe that you have been the victim of sexual harassment, you can contact us at 212.425.4250 or by this online form for a confidential consultation about how we can help.