Singer Deutsch LLP
New York Sexual Harassment Attorneys
What is Sexual Harassment?
Sexual harassment in the workplace is a form of discrimination based on sex, which is illegal under a variety of federal, state and municipal anti-discrimination laws. In sum, sexual harassment involves sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment.
Generally speaking, there are two kinds of sexual harassment in the workplace; “quid pro quo” sexual harassment and “hostile work environment” sexual harassment. Both forms of job harassment are illegal.
Quid quo pro sexual harassment occurs when a supervisor or other person with authority over an employee’s job expressly or impliedly promises some type of job benefit (a promotion, raise, bonus, better assignment, etc.) in exchange for consenting to a sexual advance or request for sex. Quid pro quo sexual harassment also can occur as a result of an actual or implied threat of a job detriment (discharge, demotion, failure to get a raise, failure to get a promotion, etc.) in response to an employee’s refusal to acquiesce to the sexual advance or request for sex. Quid pro quo sexual harassment can be the result of a single incident in which a sexual advance is linked to a promise of a job benefit or threat of a job detriment.
Hostile work environment sexual harassment generally involves physical, verbal or visual conduct in the workplace that makes the job environment unpleasant or uncomfortable in relation to the employee’s sex. Examples of hostile work environment sexual harassment may include, but are not limited to, the following:
- sexually suggestive or obscene jokes, remarks or comments
- unwanted physical contact, such as inappropriate hugs, touches or kisses
- impeding or blocking movement
- excessive or inappropriate compliments regarding a person's appearance or body
- requests for sexual favors
- sexually explicit or pornographic posters, cartoons, drawings, videos or e-mails
A hostile work environment is usually the result of repeated inappropriate conduct that is pervasive enough as to interfere with an employee’s ability to do his or her job. However, a single incident of workplace harassment can form the basis of a sexual harassment lawsuit if it is sufficiently severe - such as, for example, a physical sexual assault or other unwanted, inappropriate physical contact of a sexual nature.
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