What To Do If Being Harassed At Work

sexual harassment in the workplaceThose who suffer sexual harassment in the workplace do not have to tolerate the behavior; there are options. However, people who suffer through sexual harassment in the workplace are often hesitant to report the behavior. They are intimidated by the fear that reporting this degrading and demeaning behavior could have negative consequences. These feared consequences could include termination, damage to prospects of future employment, demotions and negative transfers. These potential negative consequences can be mitigated by empowering the sexually harassed individual to stop the behavior and demand redress for the professional and emotional distress as a result of the illegal behavior.
Sexual Harassment and Employment Law
Sexual harassment falls under the federal employment discrimination laws. In many areas, it not only violates United States federal law, but state and local laws. Employers are obligated to take action to prevent sexual harassment at the workplace. If sexual harassment is reported to the employer, immediate action must be taken to deal with the situation. In addition, the employee reporting sexual harassment is legally protected from retaliation by the employer.
 What is Sexual Harassment?
Sexual harassment comes in many forms. Some of these forms include:

  • Being directly asked for sex or sexual contact.
  • Unwanted and unwelcome sexual advances. This can be requests for dates or requests for meeting outside of the workplace.
  • Sexually charged speech.
  • Physical contact of a sexual nature.
  • Being required to function in a hostile work environment.
  • Behavior deemed inappropriate to the workplace. This includes sexist and derogatory language and pornographic images in the workplace.
  • Discriminatory and unfair treatment, including denial of opportunities and promotion, based on gender.

Should I Pursue a Sexual Harassment Lawsuit?
Individuals victimized by sexual harassment are often reluctant to pursue a lawsuit. They are often caught in the dilemma of fearing the potential of negative consequences of reporting sexual harassment, while knowing that action must be taken. Attorneys experienced in sexual harassment cases take great care in the way they treat clients that have been victims of harassment. Great attention will be given to the privacy of the client. And, if possible, the case will be pursued on a completely private basis through negotiations with the employer or through filings with agencies such as the EEOC which are charged with the responsibility of investigating claims of such harassment.
Whether it is sexual harassment or other forms of discrimination in the workplace, it is important to understand the rights and legal options of the worker.  If an employer has violated your rights, set up a no cost consultation with a law firm that is experienced in workplace discrimination.

The Fair Employment Opportunity Act of 2011 – Eliminating a Catch-22

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NYC employment attorneys have pointed out that the Equal employment Opportunity Commission (EEOC) held a public hearing. A disturbing trend triggered this hearing. Several companies had been discriminating against job applicants who were unemployed. These job applicants had been excluded from any hiring consideration. Some even ran ads saying that a candidate would only be considered if employed. Ads would have statement like “Unemployed candidates will not be considered at all” or “No candidate will be considered by client if not currently employed, whatever the reason.” The same NYC employment attorneys also point that however disturbing and discriminatory this may seem, it is legal. At least for now.


The Fair Employment Opportunity Act of 2011 is designed to prohibit employers and employment agencies from using unemployment as a sole factor to screen out or exclude job candidate.Employment, job, economy, job search, NYC employment attorneys
In this time of severe recession, many workers are merely victims of the economy. However, as NYC employment attorneys have noted, many employers hang on to the outmoded idea that unemployed people are somehow damaged, are poor workers and weak links.
Employers and staffing firms are not correcting this issue on their own. In fact, the NELP says that these firms are continuing to deny job openings to unemployed candidates.
This is a demoralizing double whammy to those who have lost a job and learn they will not be considered for new openings because they are not working. This old Catch 22 states that you have to have a job to get a job. The fact is there are currently highly qualified, skilled, experienced workers who cannot seem to get their foot in the door because they lost a job through no fault of their own. The NYC employment attorneys state that this makes no sense from a business standpoint.Employment, job, economy,
The Fair employment Opportunity Act of 2011 is designed to stop employers and employment agencies from discriminating against job candidates who are not working. The job search environment is already tough. The Bureau of Labor Statistics states that there is one job opening for every five unemployed workers and the job crises has a long way to go.
 
The NYC employment attorneys are confident that this new legislation will eliminate the discriminatory practices that are making a long term unemployment problem even worse. Apparently, this legislation has strong support and, if enacted, unemployed job candidates should get a fairer shot at job openings.

Employment and the Expansion of Disability Claims

New York Employment AttorneyThe rules issued by the Equal Employment Opportunity Commission (EEOC) expand the protection granted employees under the Americans with Disabilities Act (ADA). These rules were authorized by the ADA Amendments (ADAA) and were passed by Congress in 2008. The results are a significant expansion of the number of individuals claiming ADA protection.
Americans with disabilities are a large and economically disadvantaged group. The goals of ADA mandates are similar to civil rights. One goal is to make sure people with disabilities have access to employment. In the past, employers traditionally shut out disabled people from employment. A second goal is to increase job opportunities for disabled. As a group, people with disabilities earn less than people without disabilities. Employers that will be affected. Employers that employ 15 or more employees who work for at least twenty calendar weeks within a year. The EEOC points out that tracking this can become rather complicated and recommends staying in close communication to ensure compliance. Broad is the protection. The ADAA has expanded the definition of “disability”. As a result, employees will have a much easier time when seeking the law’s protection.
Do I fall under this broad coverage? According to the EEOC, an individual with a disability is a person who:
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  • Has a physical or mental impairment that substantially limits one or more major life activities;
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.

The key is how limited you are in performing your major life activities. For example, doctors may have diagnosed you as being clinically depressed. However, you may not be qualified for coverage because you are not substantially limited in performing major life activities.
 What are my rights?If you are covered under the ADA, your employer must make “reasonable accommodations” as long it does not cause the employer “undue hardship”. Undue hardship for the employer means it would cause significant difficulty or expense. Reasonable accommodation can take many forms, but some common examples are included here:

  •  Part time and job sharing
  • Flexible schedules
  • Time off for doctor’s appointments, support groups and therapy
  • Flexible break time to meet individual needs
  • Additional leave time

Discrimination Attorney New York
 Filing a Charge. If you think an employer has discriminated against you because of your disability, you may file at the nearest EEOC office or find an experienced employment attorney. If you have no office in your area, it can usually be over the phone.