Supervisor Sexual Harassment

Sexual harassment, in any form, is wrong. It is demeaning, disruptive, and unfair – especially when it comes from a supervisor in the workplace. Fortunately, there are laws in place to protect people who are subjected to unwelcome sexual advances, suggestive remarks, retaliation, and other inappropriate sexual conduct by people in a leadership position in the workplace. Rockland County sexual harassment attorney Valerie J. Crown is a strong advocate for injured victims including those who have been forced to endure supervisor sexual harassment and are now ready to speak out, just as she is for car crash victims and people involved in other types of accidents.

People who seek compensation or other legal remedies from others who have wronged them in the workplace must prove their case by the preponderance of the evidence. The term “preponderance of the evidence” means that the plaintiff’s version of events is more likely than not to be true. While this is not an extremely demanding standard of proof, retaining an attorney is still an important step to take to make sure that the relevant evidence is gathered and presented persuasively, that the employer’s or supervisor’s potential defenses are anticipated and countered, and that the claim follows the sometimes complex procedural rules in this area of law.

A supervisor may unlawfully sexually harass a worker in many different ways. Harassment may be subtle, such as making comments or asking questions about the employee’s sex life or making off-color remarks about the person’s gender. Supervisor sexual harassment is often much more overt, however. A “boss” may openly request sexual favors in exchange for a promotion or other employment benefit. (This is known as quid pro quo harassment under federal and state laws.) Sexual harassment by a supervisor can also take a passive form when the supervisor is aware of – but does nothing about – a hostile work environment in which inappropriate sexual comments or conduct are pervasive. Sexual harassment may even take the form of discharging or threatening an employee who makes a report of sexual harassment in the workplace. Terminating or otherwise punishing an employee for making a good-faith claim is not allowed under the law, even if the claim ultimately does not succeed on its own merits. This may give rise to a cause of action based on retaliation, which is independent of the underlying sexual harassment claim.

Often, employees who are subjected to sexual harassment or other misconduct by a supervisor feel powerless. However, there are several federal and state laws that protect workers from this kind of discrimination. Some cities, including New York City, also have laws in place that are designed to prevent sexual harassment and to give a legal remedy to people who are subjected to this conduct. Depending upon the situation, an employee who has been sexually harassed by a supervisor may seek a declaration that the employer develop policies and training to prevent harassment in the future, pursue reinstatement and back pay (if the worker was fired), and ask for compensation for lost fringe benefits or raises and monetary damages for emotional distress.

One of the most important things to know about pursuing a legal remedy for sexual harassment in the workplace is that time is of the essence. There are deadlines and time limitations that, if not strictly followed, can result in the dismissal of an otherwise valid claim. If you have been affected by supervisor sexual harassment in Rockland County or elsewhere in Greater New York, call the Law Firm of Valerie J. Crown, Attorney at Law, P.C., at 845.708.5900 or contact us online to schedule a consultation with a sexual harassment lawyer. You can also call Valerie’s cell phone at 845.598.8253 at any hour of day or night. Our firm also advocates for nursing home abuse victims, car accident victims, people who have been injured by an act of medical or dental malpractice, and people who are bringing claims for workers’ compensation benefits following an accident on the job. We represent people throughout New York City and Rockland, Westchester, Ulster, Dutchess, and Orange Counties.