Facing Sexual Harassment Charges in New York?

Seeking Immediate Counsel from a State Defense Lawyer is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Sexual Harassment Laws in in New York

Sexual harassment laws in New York are designed to protect individuals from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or abusive work environment.

Key aspects include:

• Federal Law: Under Title VII of the Civil Rights Act of 1964, sexual harassment is prohibited in the workplace.
• New York State Law: The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) provide additional protections and may have broader definitions and protections compared to federal law.

Sexual Harassment Charges in in New York

What is considered sexually harassing? Sexual harassment in the workplace is unwanted sexual advances, sexual contact, or other physical or verbal actions that are sexual in nature. The conduct must affect the employee’s job, unreasonably interfere with work performance, or create an intimidating, hostile, or offensive work environment.

Examples of sexual harassment include:

• Direct sexual harassment: Direct contact or conduct by the employer which includes sexual remarks or advances.
• Quid pro quo sexual harassment: Occurs when an employer or supervisor asks or suggests through physical conduct that an employee perform sexual favors in return for some benefit at work including a promotion or career advancement. If any employment decision is based upon the satisfaction of a sexual demand, that is quid pro quo sexual harassment. Even a consensual sexual relationship can be the product of sexual harassment if the employee is coerced into it due to promises of a promotion or career advancement.
• Hostile work environment sexual harassment: Occurs where an employee is subject to sexually verbal or physical behavior in the workplace. This includes conduct which is sexual in nature and severe enough to create an offensive working environment. This conduct can include communications of derogatory comments, epithets, slurs, and jokes; or sexually suggestive, graphic or sexually abusive language.

Finally, from a criminal standpoint, many sexual harassment offenses can lead to state prosecutions, where an offender may be held accountable in criminal court Pursuant to 

New York Penal Law §130.52, it is illegal for any person to forcibly touch another person’s sexual organs without permission. Even without a physical touching, New York Penal Law §240.26 prohibits repeated actions that threaten another’s well-being.

Sentencing & Penalties in New York

Individuals charged and convicted of sexual harassment may face a variety of different penalties.

• In a civil realm, liability usually leads to hefty monetary settlements.
• In the workplace environment, sexual harassment in the employee/employer context can lead to increased severance packages and similar financial settlements.
• Finally, in the criminal realm, harassment charges will result in an order of protection and sometimes jail time should the underlying conduct also include instances of sexual assault or other related charges.

How We Fight Sexual Harassment Charges in New York

From a defense standpoint, an experienced lawyer can and should put forth an independent investigation when a client is being accused of criminal or workplace sexual harassment. Indeed, the use of a private investigator or other permissible tactics here could prove critical in defending against these allegations. 

On the other hand, victims of sexual harassment, whether within the workplace or outside of it, may seek to hire aggressive counsel to initiate lawsuits or file criminal complaints - in this realm, knowing the ins and outs of sexual harassment, rape, and extortion laws are critical. Use of the media may also play an important role of the perpetrator or even the victim is a high-profile figure.

Your Defense Begins Now

Should you find yourself being prosecuted for sexual harassment, it is imperative that you have an experienced defense lawyer to handle every aspect from start to finish. Our firm has defended against these charges in the past, achieving both pre-trial dismissals and trial acquittals by implementing and pursuing strategic and creative defenses. Please contact The Law Offices of Jason Goldman today.