Workers in New York City are protected by multiple antidiscrimination statutes. New York City sexual harassment lawyers can choose from federal, state, and local laws when determining how best to advocate for their clients’ rights. This includes employment laws like the New York City Human Rights Law and education laws like Title IX of the Education Amendments of 1972. Individuals who have endured sexual harassment may also be able to assert common-law claims based on negligence. Employers have significant incentive to maintain policies on harassment prevention, along with robust methods of enforcement. A news story reported in late 2020 demonstrates how employers can use employment policies to address complaints of harassment against employees in supervisory positions. The story involves a now-former museum curator accused by a former student of sexual harassment and bullying.
Sexual harassment is considered to be a form of discrimination on the basis of sex in two types of situations. First, a supervisor or manager cannot make sexual requests or demands of an employee when refusal could adversely affect the employee’s job. The threat to the employee’s job could be explicit, such as when a manager openly expects sexual contact with an employee in exchange for favorable shift assignments. It can also be more subtle than this, as long as there is a clear causal connection between the refusal of the demands and adverse consequences.
The second type of unlawful sexual harassment occurs when pervasive or severe sexual conduct in the workplace interferes with an employee’s ability to perform their job duties and creates what an objective observer would consider a hostile work environment. An employer must know about the objectionable conduct, or they must be in a position where they should know about it. If they fail to take reasonable measures to address the problem, they could be liable to the aggrieved employee.