Sexual harassment occurs whenever someone abuses their authority in the workplace to try to coerce someone into some kind of sexual activity, or whenever one or more people subject someone to an unwelcome and hostile work environment based on sex. New York City sexual harassment attorneys routinely bring lawsuits on behalf of workers who have experienced these types of misconduct. The New York Attorney General (AG) is also taking a role in fighting against workplace sexual harassment under state, federal, and city law. The AG’s office announced this summer that it had concluded an investigation into allegations of sexual harassment and retaliation at a Long Island construction company. It also stated that it had reached a settlement agreement with the company, in which the company will pay $1.5 million in damages.
A legal claim for sexual harassment can arise from specific acts or patterns of conduct by individual employees, as well as from systemic failures by an employer that allow sexual harassment to persist in a workplace. Claims alleging a hostile work environment often require proof not only that an employee faced unwelcome conduct of a sexual nature that was either pervasive or severe, but also that the employer knew or should have known about the problematic behavior and failed to take reasonable actions to address it.
Since October 2018, state law has required employers to provide sexual harassment prevention training for all of their employees. Employers may use a model training program developed by the state, or they can use their own as long as it meets certain minimum standards.