Does Sexual Harassment have to be at Work?

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Many people are familiar with the basic concepts of sexual harassment as it occurs in the workplace. What you may not know, however, is that you can still be a victim of work-related sexual harassment even if you’re not at the office or your usual work location.

Harassment: Onsite, Outside the Workplace and Even After Hours

Sexual harassment itself has a variety of definitions, which have evolved through various court rulings over time, and the same applies for the setting. Incidents at work-related activities outside the office, such as business conferences and training sessions, count as sexual harassment.

Less common examples of sexual harassment outside of work that the employer is liable for require an understanding of the work environment boundaries as set by federal law. The boundaries are not defined by physical location but whether what you are doing is part of your role as an employee.

For instance, if you’re harassed by a colleague at a training meeting taking place at someone’s personal residence, the incident is considered sexual harassment away from work. But if you’re harassed by another employee at a private party or while on a personal vacation, your employer may not bear any legal responsibility.

If you’re traveling to an event as part of your job, such as a conference, your employer is responsible for any sexual harassment you experience during the travel time as well as at the location you’re going to. The same applies to traveling in general when you’re doing so as part of your position, such as going to multiple branch offices or store locations.

Protect Your Rights and Get Help

Essentially, if your harasser is a fellow employee, and especially if your harasser is a supervisor, manager, executive or owner, your employer may be legally obligated to address the problem and may be liable for any pain and suffering you experience if they fail to do so. The same may apply to a third party independent contractor whose services your employer is using, as illustrated in the decision of the court in the 2012 federal court case from Puerto Rico calledRosa-Santos v. Puerto Rico Children’s Hospital, Inc.

If your employer fails to protect you and your rights, you may be entitled to damages in court under federal law. An experienced attorney can help you address the situation and get what you deserve. It is important to keep a detailed record of the dates, times and details of any sexual harassment you experience related to your work. This information will help your case and your attorney.

10 Questions a Personal Injury Lawyer will Ask You

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Clients are often nervous when meeting with their personal injury attorney for the first time. One may wonder, “What will a personal injury lawyer ask me?” Your personal injury attorney should ask several questions, which will indicate that they have a firm knowledge of personal injury law and are interested in your case. Here are a few questions you should expect your personal injury attorney to ask during the initial discussion.

What will a personal injury lawyer ask me?

1. When did the incident occur?

If the incident occurred recently, your law firm will be able to represent you and handle the case from this point on. However, if the incident occurred quite a while ago, the other party involved may have settled the case already.

2. What is the location of the incident?

This question determines the approximate locale of the accident. If the law firm takes your case, it is helpful if the incident happened in your area.

3. How did the incident happen?

It is extremely important that your attorney assess culpability. You should clearly explain how the incident occurred without exaggerating or omitting anything.

4. What injuries occurred?

Explain your injuries in detail, including how it has limited your daily interactions since the accident. Provide physicians’ reports if possible.

5. What are the current physical complaints?

Discuss any ongoing physical complaints that you have as a result of the incident. The potential value of your case may be determined by your attorney at this time.

6. What medical facilities treated you?

You should be examined by a physician or visit a medical facility in order to assess damages. Provide physicians’ reports if possible.

7. Do you have insurance?

Personal injury attorneys need to determine what medical insurance you have and what portion of the bill you are required to pay.

8. Have you contacted any insurance companies?

If you have contacted an insurance company immediately after the accident, let your attorney know what discussion took place. Wherever possible, record any interactions with an insurance representative

9. Did anyone witness the incident?

Witness testimonies can assist in strengthening your case.

10. Where is the property that caused the injuries?

If you were involved in an automobile incident, injured by a product or fell down a faulty staircase, photographs should be taken immediately before any repairs are made. When repairs are made, keep all receipts to prove the work has been done.

What should I bring to my appointment?

It is important to come prepared to your appointment. A personal injury attorney will ask you to bring a number of documents. Some of those will include police reports, declaration sheet, health coverage verification, property damage information, photographs of the accident, invoices and contact information for health providers that you have seen, and any other paperwork that is pertinent to the accident. This information assists the attorney in preparing for your case and helps them to represent you accurately and thoroughly in court.

Remember to prepare in advance. Write down questions that you have for your attorney and bring them with you. You should discuss the case in detail so you will have a clear understanding of everything that is happening. Above all, make recovery your top priority. If a personal injury attorney invests time asking questions, it creates a line of communication and a bond between you and the lawyer. This connection will most likely lead your lawyer to making your case a high priority and do the best job possible for you. If you need any further insight, please contact us at 212-353-8700, and we will help you assess your situation.

Is Sexual Harassment Against the Law?

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While working together offers numerous benefits, the gathering together of different people in a small setting day after day can also cause problems, particularly if personalities clash. Although physical confrontations such as fights may be relatively rare in the modern workplace verbal altercations are much more common, and such altercations can be sexual in nature. Sexual harassment is a disruptive force that affects morale across an entire workplace and can cause serious psychological damage to those affected.  If you are a victim of sexual harassment, you should speak up. Federal law, state law and sometimes even local law gives you the right to be free from sexual harassment at work. If your right is violated, you can take action and you should.

How Common is Sexual Harassment?

Understanding just how frequently sexual harassment occurs requires an understanding of what actually constitutes sexual harassment. Often, sexual harassment takes the form of offensive comments or unwanted touching related to a person’s gender. But that is not the only way sexual harassment can occur. According to the United States Equal Opportunity Commission, sexual harassment could include unwelcome sexual advances, requests for sexual favors, or making offensive comments about a person’s sex in general.

Not every instance of offensive offhand remarks or inappropriate comments constitutes sexual harassment, however. To qualify as sexual harassment, the behavior must reach a level of an “adverse employment decision,” such as denial of a promotion or job offer, or be of such severity or frequency that  it creates a “hostile work environment.” Even with this high standard, sexual harassment is not uncommon; the federal government reported the filing and resolution of nearly 11,400 sexual harassment complaints in 2011. While still a serious problem, this number was down from 1997, when there were about 15,900 filings. Of course, due to the sensitive nature of this issue and factors such as the concern for retaliation, it is likely that these statistics fail to recognize the full extent of sexual harassment. In addition, failure to recognize what constitutes sexual harassment can also result in under-reporting.

Is Sexual Harassment Against the Law?

Sexual harassment is not a tolerable practice in the workplace, and it tends to not only be against explicit company policy, but also against the law. Specifically, Title VII of the Civil Rights Act of 1964, a federal law, prohibits discrimination based on sex, and sexual harassment qualifies as such. The reach of Title VII extends to all employers with at least 15 employees, meaning that the vast majority of workplaces are subject to the requirements of Title VII.

In addition, state sexual harassment law tends to cover at least as many employers as the federal body of sexual harassment law. Additionally, local laws may also bar sexual harassment. For example, for a workplace in Manhattan, not only does the Civil Rights Act apply, but New York State Human Rights Law and the New York City Administrative Code could all work to protect an individual from sexual harassment, with such harassment potentially actionable as a violation of all three sources of law.

What to Do if You Experience Sexual Harassment

Sexual harassment can take many forms – from obvious physical groping and other types of unwanted touching to lewd propositions and frequent inappropriate sex-based comments. If you think you may have experienced sexual harassment, it is important to speak with a superior at work. Additionally, you should speak with an attorney for sexual harassment so that you can get a clearer understanding of whether or not you have been sexually harassed under the law and what your options are for addressing the problem. An attorney outside of your company can provide a neutral, objective perspective and offer discreet advice if you are uncomfortable discussing the situation with anyone at your workplace.

Can Sexual Harassment be Verbal?

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new-york-sexual-harassment-lawyersSome people think that your employer has to touch you in order for you to be a victim  of sexual harassment, but this is not correct. You have the legal right to be free from verbal sexual communication as well as physical contact, and if you receive verbal sexual harassment you may be able to file a lawsuit and claim money damages to compensate you for your suffering.  There are three main kinds of verbal sexual harassment:  explicit language, threats and promises.

Explicit Language

You have the right to avoid sexual communication at your workplace unless it is part of your employer’s work (for example, employees of Playboy magazine may need to discuss sex sometimes).  You always have the right to be free from personal sexual communication.  If someone at work is insisting on talking to you about sex, you should tell them to stop.  If they won’t, you should consult with an attorney to learn about your legal rights and the ways that you can fight back against this unwanted communication.

Threats

Sometimes an employer does not use explicit language but simply threatens an employee that she must engage in sexual activity in order to keep her job. Such threats are illegal.  Your employer can’t demand sex in exchange for employment, and if he does you may be able to file a lawsuit against him claiming money damages to compensate you for your mistreatment.

Promises

Not all sexual harassment is negative. Your employer may also offer you positive changes in the terms and conditions of your employment if you engage in sexual acts or communication.  This is known in the law as “quid pro quo” sexual harassment. It is illegal. Your employer can’t offer you better working conditions or higher pay in exchange for sexual communication or contact. If he does, you may be able to file a lawsuit against him and seek money damages to compensate you for this mistreatment.

5 Textbook Scenarios of Sexual Harassment

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Sexual harassment can take on many different forms. Below is a list of five common types of sexual harassment.

1. Verbal comment or gesture

Verbal comments or gestures from an employer to an employee are prohibited where the unwelcome or unwanted comments or gestures are of a sexual nature. This may include commentary about an individual’s body or sexuality, suggestive or obscene gestures, or the display of graphic and sexually suggestive objects.

2. Sexual jokes or advances

Unwanted sexual jokes, advances and flirtation are not permitted in the workplace. This includes sexual innuendo, graphic comments and repeated jokes made to members of one gender. Employees have the right to a workplace free from these types of comments.

3. Coerced sexual acts

An employee may not be forced to engage in any type of sexual relation with another employee, manager or supervisor. It is simply unacceptable for an employer to require an employee to engage in sexual conduct.

4. Quid pro quo

The literal translation of this means “something for something” and this typically takes the form of an employer making a non-work related request of an employee in return for something work related. For example, a manager is prohibited from conditioning a raise for an employee on the employee’s willingness to meet the manager for dinner. This may also include express or implied demands for sexual favors in exchange for continued employment or a promotion.

5. Inappropriate touching

An employee may not be touched, groped or assaulted by another employee, a manager or a supervisor. It is not appropriate for an employee to brush up against another employee and create unnecessary and unwanted contact.

The type of behavior described above is inappropriate and unacceptable in the workplace. If you or a loved one have experience sexual harassment at work, you should contact an attorney immediately to determine your rights.