New York Employment Attorney Blog
Erica Shnayder is an employment discrimination litigation attorney at Phillips & Associates. Ms. Shnayder focuses her practice on assisting individuals in protecting their rights in the workplace. Due to her tireless advocacy, Super Lawyers, a service that names top practitioners in each state in multiple practice areas, recently named Ms. Shnayder a Rising Star in the field of employment litigation. Super Lawyers routinely asks knowledgeable attorneys to address pressing issues in their fields. Super Lawyers recently asked Ms. Shnayder responded to answer whether a New York employee can sue his or her employer for sexual harassment.
How Victims of Sexual Harassment Can Protect Their Rights
Ms. Shnayder stated that while people who work in New York have the right to pursue sexual harassment claims against their employers, there are steps they must take to preserve their rights. First, it is essential for anyone alleging he or she was the victim of sexual harassment to prove that the offensive conduct was unwelcome. In many cases, however, the harasser will attempt to argue that he or she was unaware that his or her sexual remarks or conduct was unwanted. Thus, if you are the victim of sexual harassment in the workplace, confronting your harasser and advising him or her in clear terms that his or her conduct is uninvited and inappropriate can help to establish liability going forward. Ms. Shnayder advised, however, that you should not confront your harasser if you cannot do so safely.
Filing a Claim with the EEOC
Ms. Shnayder stated that if you are unable to confront your harasser or if the sexual harassment continues after you confront your harasser you should notify your supervisor or other upper-level management, or your company’s human resources department of the harassment. Additionally, if your company has defined procedures as to how sexual harassment claims should be reported and handled, you should follow the procedure. If reporting the sexual harassment within your company fails to halt the harassment, you can then file a claim with the Equal Employment Opportunity Commission (EEOC), which is a federal agency that enforces civil rights laws, which includes anti-harassment laws, in places of work throughout the country.
Ms. Shnayder advised that it is prudent to consult an experienced employment litigation attorney prior to filing an EEOC claim, to determine what steps you should take and what evidence you may need to prove your claims. Once your EEOC claim is filed, the EEOC will contact your employer and assess whether to investigate or dismiss your claim. After the EEOC is done reviewing your claim, it may grant you a “right to sue” letter, after which you can file a sexual harassment lawsuit against your employer.
Consult a Capable New York Employment Discrimination Attorney Regarding Your Case
If you work in New York and were sexually harassed at work, you should consult a capable New York employment discrimination attorney to discuss your case and what compensation you may be owed. Ms. Shnayder and the adept employment discrimination attorneys of Phillips & Associates will analyze the facts of your case and develop compelling arguments to help you in the pursuit of any damages you may be able to recover. You can contact us at (212) 248-7431 to schedule a meeting regarding your case. We assist people in sexual harassment claims in New York City, and in Westchester, Nassau, and Suffolk Counties, New Jersey and Pennsylvania.