Workplace harassment can leave you feeling uncomfortable, angry, embarrassed, or even afraid to go to work. Many employees also worry about what will happen if they speak up. Will their employer believe them? Could they lose their job? Will coworkers treat them differently? Could reporting the harassment damage their professional reputation?
Your concerns make sense. Anyone in your situation would be scared about what the future holds. The good news is you have options and laws protecting you.
New York law provides protections against workplace harassment, and taking careful, informed steps can help you protect both your legal rights and your career.
Workplace harassment is not limited to sexual conduct.
Under the New York State Human Rights Law, employers and other covered entities may not subject employees to harassment because of protected characteristics including race, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, marital or familial status, immigration or citizenship status, military status, and certain other protected categories.
The harassment no longer needs to be “severe or pervasive”. Conduct can constitute unlawful harassment when it subjects an employee to inferior terms, conditions, or privileges of employment because of a protected characteristic, although the law recognizes a defense for conduct that amounts only to petty slights or trivial inconveniences.
People who work in New York City have additional protection under the New York City Human Rights Law that goes above and beyond the state and federal harassment laws.
It’s important to keep a record of harassment as it occurs. Keep track of:
Keep relevant emails, text messages, workplace communications, performance reviews, schedules, disciplinary notices, and other records. Documentation can help establish a timeline if the situation later becomes a legal dispute.
It might also be a good idea to keep your records with you and away from the workplace when you aren’t there. You might consider a handwritten journal you carry to and from work with you every day.
Many employers have policies explaining how employees should report harassment. That may mean contacting human resources, a supervisor, an equal employment opportunity officer, or another designated person.
When you feel safe doing so, following the company’s established procedure can give the employer an opportunity to address the conduct. Putting your complaint in writing can also create a clearer record of what you reported and when.
There can be exceptions. For example, if the person responsible for the harassment is the person designated to receive complaints, you may need to consider another reporting option.
One of the biggest mistakes an employee can make is believing the only way to escape harassment is to resign immediately.
Leaving may sometimes become necessary, particularly if the situation threatens your safety or well-being. But resigning can have important professional and legal consequences. It may affect your income, references, future employment, and the way a potential legal claim is evaluated.
Although you might be tempted to leave your job if you’ve been treated poorly, it’s a good idea to speak to an attorney before doing so.
Employees often fear retaliation, and that concern is not irrational. New York law prohibits employers from retaliating against employees for opposing unlawful discriminatory practices or participating in related proceedings.
Retaliation does not always mean being fired. It can include sudden negative performance reviews, reduced responsibilities, schedule changes, increased scrutiny, exclusion from opportunities, discipline, or other adverse treatment following a complaint.
If your treatment at work changes after you report harassment, document those changes as well.
When dealing with the issue internally doesn’t fix things, you can go to an outside organization for help.
Depending on your circumstances, you may have the ability to pursue a complaint through the New York State Division of Human Rights, the Equal Employment Opportunity Commission, or, if the conduct occurred in New York City, the NYC Commission on Human Rights.
Filing deadlines vary depending on the facts and the law involved, which is one reason it’s important to work with an attorney who understands the laws and is aware of your reporting obligations.
This is one of the most difficult parts of reporting workplace harassment. You may worry that a manager will dismiss what happened as a joke, that coworkers will take the other person’s side, or that your employer will start viewing you as a troublemaker.
The good news is you do not need to have every answer before asking for help. You also do not need to decide whether you have a legal case on your own.
An employment attorney can review what happened, explain how New York law may apply, and help you think through the practical consequences of reporting, staying at your job, negotiating with your employer, or pursuing a formal claim.
Workplace harassment can affect far more than your day at the office. It can affect your confidence, your income, your professional reputation, and your sense of security. You deserve to have those concerns taken seriously.
If you believe you are experiencing workplace harassment in New York, Borrelli & Associates, P.L.L.C. can help you understand your rights and your options. To learn more or to speak with someone about your situation, contact us to schedule a consultation.
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