Despite intensive attempts to reduce its frequency, sexual harassment remains a prominent topic in New York workplaces. People who are subjected to this behavior might understand that they have options to put a stop to it and hold those who are harassing them accountable, they still hesitate before reporting it.
In some cases, it is because they are fearful that reporting it will only make the situation worse. If they do not believe their complaints will be taken seriously or those who they are accusing will be made to pay for what they have done, they are prone to either accepting the behavior or leaving the job.
Workers should remember that New York State employers are required to have a sexual harassment policy and adhere to it. This is a measure designed to inform workers as to what is and is not allowed and to provide guidance regarding how employers are expected to respond to a sexual harassment complaint. If there is sexual harassment taking place and the employer does not take steps to address it, this can be part of a legal case for compensation.
Sexual harassment policies, definitions, and circumstances
The sexual harassment policy must list what will not be tolerated in the workplace. It should state who is subject to the policy, that sexual harassment is not allowed, retaliation is prohibited, what victims should do if they believe they were sexually harassed, and what the employer is required to do after a report has been made.
Sexual harassment encompasses many behaviors including relentlessly pursuing a relationship with an uninterested party, making inappropriate jokes, touching another person without consent, showing offensive material, and making sexually charged gestures. There are other ways in which sexual harassment can take place.
Anyone can be a victim of sexual harassment. It does not necessarily need to be a man harassing a woman. It can be a woman harassing a man or a same-sex case of harassment. Their position in the workplace is similarly irrelevant. A supervisor, owner, subordinate, independent contractor, customer or vendor can also be a harasser or be a victim of harassment. It can happen in the workplace, outside the workplace, or online.
Many employees fail to report sexual harassment out of fear of retaliation. The sexual harassment policy must also detail what constitutes unlawful retaliation. Employers who try to stop an alleged victim of sexual harassment from coming forward with threats of sanctions for doing so could be confronted with a retaliation complaint. It also covers claims that were already reported, those who testified in the case, people who lodged a complaint when others were being harassed, and those who encouraged a person who was harassed to come forward.
Employers are expected to conduct a full investigation regarding the accusations regardless of who complained and who is accused. That includes assessing evidence, looking at documentation, talking to witnesses, and interviewing those involved in the case.
Sexual harassment could warrant a legal claim
People who are sexually harassed on the job can see their entire careers upended. In some instances, they might not even realize they have been harassed even though they were made to feel uncomfortable and the other person is continuing in their behavior even though they have been told to stop.
The first step in a sexual harassment case is to inform the employer what is occurring. This makes it important that workers are well-versed in state law and their workplace sexual harassment policy. It is also vital so there is a record of the incident and details of how the employer handled it. During this time, it is critical for the worker to consider the value of legal assistance to make sure they have a good chance of achieving justice.