Same-Sex Workplace Harassment Lawyer NYC

While most associate sexual harassment involving a manager and employee, it can be from a supervisor, coworker, customer, or non-employee. It can happen to men and women, and it doesn’t have to come from the opposite sex. A New York City same-sex harassment attorney knows workplace harassment is a violation of state and federal laws in any capacity, and every victim has the same rights to fight for justice.

Same-sex sexual harassment is an ongoing problem in today’s workplaces. However, it doesn’t receive as much attention as other forms of harassment, like manger-employee harassment or coworker harassment in New York City. Understanding how to recognize same-sex sexual harassment and what the law says about it can help you prevent and put an end to this problem in your workplace.

How To Identify Same-Sex Sexual Harassment

The Equal Employment Opportunity Commission enforces Title VII of the Civil Rights Act’s prohibition of sex discrimination as acts based on gender identity or sexual orientation. This covers LGBT-related sexual discrimination claims, including failing to hire an applicant due to sexual orientation. It also covers same-sex sexual harassment, regardless of the genders or sexual orientations of the harasser and victim.

An experienced New York City workplace harassment attorney knows this specific form of harassment can be difficult to identify in the workplace. You may not be expecting these behaviors as much as from someone of the opposite sex, or you may not realize that same-sex sexual harassment is illegal. Same-sex sexual harassment is typically discriminatory in nature and doesn’t have to involve unwanted physical touch. It can include sexual comments, imagery, or obscene gestures. Any form of conduct that makes you feel uncomfortable is harassment in the eyes of the Equal Employment Opportunity Commission.

Same-sex sexual harassment can look the same as other forms of sexual harassment in the workplace. For example, a female boss can demean, humiliate, and harass a group of female employees based on their gender. A male employee can make lewd gestures or inappropriately touch a male coworker. When someone of the same sex is your harasser, you may not realize he or she is victimizing you. However, if his or her actions create a hostile work environment, you can sue the responsible party.

Who is Responsible?

The law states that the employer is responsible for maintaining a harassment-free work environment. This means he or she must take effective action in response to a sexual harassment claim. Employees should be able to report same-sex harassment in the workplace to the proper authorities and expect effective action. If an employer is aware of an ongoing same-sex sexual harassment problem and does nothing to stop it, the courts will likely find the employer responsible for the employee’s actions.

In many circumstances, a company can be responsible for harm caused by employees acting within the scope of their employment. This is especially true for workers in managerial positions. The courts hold employers responsible for the costs of doing business, including costs related to employee misconduct and harassment. Plaintiffs don’t have to prove an employer did anything wrong to sue a company—they just have to prove they were victims of an employee’s harassment.

The courts may hold an individual employee responsible for same-sex sexual harassment if he or she was acting outside the scope of employment (after a shift ended or while performing non-work related duties). In this case, the victim still has the right to obtain compensation from the harasser, but the courts would likely not involve the employer or company.

An Experienced New York City Same-Sex Workplace Harassment Attorney

Same-sex workplace harassment laws can be complex and incorporate different regulations than opposite-sex harassment. If you suffer from same-sex sexual harassment at work, you need a competent New York City same-sex sexual harassment attorney by your side to fight for your rights as an employee. When it comes to skilled representation in a same-sex sexual harassment lawsuit, count on our skilled attorneys Joseph & Norinsberg LLC. Contact a New York City employment lawyer today for a free consultation about your same-sex harassment case.

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We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

OUR PRACTICE AREAS

Employee-Employee Harassment

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Hostile Work Environment

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Manager-Employee Harassment

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Obscene Gestures

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Reporting a Sexual Assault Claim

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Retaliation

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Same-Sex Harassment

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Wage and Hour Claims

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Gender Discrimination

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Sexual Harassment

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Race Discrimination

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Wage And Hour

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Disability Discrimination

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Sexual Orientation (LGBTQ)

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Pregnancy Discrimination

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Wrongful Termination

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No one is above the law,
and no one is below it.

THEODORE ROOSEVELT

No one is above the law,
and no one is below it.

THEODORE ROOSEVELT

Glowing Client Reviews

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

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Our Successful Case Results

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Code v. City of New York

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Williams v. New York City Transit

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Dominguez v. Moskowitz, M.D.

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Carvalho v. MonteFiore

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Zambrano v. Sound Shore Medical Center

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Rivera v. 260 W. 135 LLC

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Levans v. Delta Air Lines, Inc

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Jacqueline Winbush v. City of New York

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Minor v. City of New York

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Dortch v. Montefiore Medical Center

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Zomber v. Village of Garden City

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Marshall v. Randall

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S.A. v. City of New York

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