Sexual Harassment Attorneys in Rochester

Advocacy You Deserve From an Attorney You Can Trust

Sexual harassment is an unacceptable and distressing form of workplace discrimination that is unlawful under federal, state, and local law. Such conduct includes harassment on the basis of sex and sexual orientation. Harassment can display through unlawful acts such as unwanted physical acts or discriminatory displays.

It can take many forms, including but not limited to:

• Unwanted sexual advances
• Appeals for sexual favors
• Comments related to clothing or appearance that are of a sexual nature
• Inappropriate and/or offensive jokes or stories
• Sharing explicit videos or pictures
• Unwelcome texts, letters, and / or emails of a sexual nature
• Sexist jokes or actions
• Hostile actions because of the individual's sex.

Representing Sexual Harassment Claims

Sexual harassment is a form of gender discrimination, and gender is among the protected characteristics named in Title VII of the Civil Rights Act of 1964. This means that claims that are related to sexual harassment are considered and dealt with by the Equal Employment Opportunity Commission (EEOC).

The EEOC classifies claims into two forms of sexual harassment: "quid pro quo" sexual harassment and "hostile work environment" sexual harassment.

• Quid pro quo harassment claims involve cases in which an employer uses sexual favors or actions as a basis for hiring, promoting, or otherwise advancing employees.
• Hostile work environment harassment, the more common category, involves general claims of uncomfortable or unwanted sexual conduct, joking, speech, or activity.

Even indirect actions such as sexist jokes or derogatory comments about gender can be a form of harassment. Both men and women can be the victims of sexual harassment.

Protections for Victims of Sexual Harassment

Sexual harassment can happen to any individual, regardless of their gender. The state of New York has laws that protect all employees including paid or unpaid interns, and non-employees such contractors.

Harassers that violate the law can be anyone from a superior to a subordinate. Harassers can also be anyone in the workplace, including contractors and vendors.

Protection from Retaliation in Sexual Harassment Cases

There are federal and New York state laws designed to protect you from sexual harassment in the workplace. If your harasser is a supervisor or manager, however, you may be afraid to report the activity because you fear losing your job.

There are laws that protect you from employer retaliation if you file a claim.

It is against the law for your employer to take the following retaliatory actions because you filed a complaint for sexual harassment or discrimination in the workplace:

• Fire you
• Demote you
• Threaten you
• Refuse to promote you
• Take any other adverse action against you

Call (585) 294-0303 or contact us online today!