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New York Employment Attorneys Helping Workplace Harassment Victims End Mistreatment

 

Let us help you exercise your legal rights as a harassment victim

The New York State Human Rights Law provides protection against workplace harassment. As of November, 2010, harassment based on gender, race, sexual orientation, religion and other protected classes is against the law. Engaging in harassment or allowing harassment to continue may leave an employer open to legal action.

The New York employment law attorneys at Hepworth, Gershbaum & Roth have successfully represented victims of all forms of harassment, including:

  • Sexual advances or requests for favors

  • Implicit advances

  • Physical assault

  • Ongoing ridicule based on age, gender, religion, race and sexual orientation

Our experience handling New York workplace harassment cases allows us to provide the effective legal guidance victims need to find justice.

How does a victim file a complaint of workplace harassment?

Any employee who believes that they have been sexually harassed or targeted for harassment due to their demographic may file a complaint with the New York State Division of Human Rights. While it is possible to file the claim without legal counsel, the guidance of a New York employment lawyer may help to streamline the process and improve your chances of proving your case.

Having a lawyer by your side will help to:

  • Manage deadlines: Harassment complaints must be filed within one calendar year of the date of the harassment. Failing to meet this deadline will void your complaint. With an attorney guiding you, meeting this deadline becomes much less challenging. 

  • Gather documentation: Evidence demonstrating the harassment is key to obtaining favorable resolutions to your case. With an attorney helping you understand which evidence is needed, gathering documentation of the harassment becomes a much more targeted and streamlined process.

  • Complete an effective complaint: The initial complaint you file should be as detailed and clear as possible. Outlining the harassment’s frequency, its magnitude and its perpetrators is key. A New York employment law attorney should help you complete the initial complaint documentation in the most effective manner possible.

If you wish to file a workplace harassment complaint, take the time to consult an attorney about your case and the process of submitting your claim.

What must a victim do to establish his or her case?

In harassment cases, the victim must be able to prove beyond a reasonable inference that they have been the victim of targeted mistreatment. A reasonable inference simply means that the judge or arbitrator can reasonably believe that the harassment took place.

There are many pieces of evidence that can be used to create a reasonable inference of harassment, such as a detailed journal of events, documented correspondence and witness statements.

An experienced New York employment law attorney should help you conduct a thorough discovery process and gather all pieces of evidence beneficial to your case.  

Employers are prohibited from retaliation against victims

Workplace harassment victims who file a charge against their employer may become the target of retaliation. Fortunately, state and federal law prohibit employers from taking any form of retaliatory action against the filer, including:

  • Termination based on the filing

  • Reductions in pay

  • Verbal or physical assault

  • Adverse transfers

  • Suspension

  • Threats

Should the employer take any of these actions, the victim has the option to file additional charges with the EEOC.

Schedule a free consultation with our New York employment lawyers to learn more about your legal options

Wading through the complexities of New York harassment laws can be difficult, especially when dealing with the emotional damage of workplace harassment. At Hepworth, Gershbaum & Roth, we leverage our detailed knowledge of New York harassment laws to help you understand the protection you are offered and the options you have for ending your harassment.

To schedule a free consultation to discuss your situation with one of our New York employment law attorneys, contact us online or call 212-545-1199 today.

 

 

CONTACT US

Contact an employment law attorney in New York today for a free initial consultation and determine whether you have a case. For a free initial consultation, you can contact us online or by phone.


CALL US TODAY! 212-545-1199

 

 

 

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