Derek T. Smith Sexual Harassment Law Blog on Lawyers.com

Not all sexual harassment consists of demands for sexual favors or of unwanted touching. A hostile work environment can also provide the basis of a sexual harassment charge under New York harassment law.

A hostile work environment may be found to illegally exist where employees are subjected to a pattern of exposure to unwanted sexual behavior from persons other than a direct supervisor where supervisors or managers take no steps to discourage or discontinue such behavior.

This is different from quid pro quo sexual harassment, where a direct supervisor seeks sexual favors in return for something, such as threatening to fire someone, or denying them a raise or better job unless the employee engages in sexual activity.

A hostile work environment may arise in many situations, including, but not limited to the following:

• Posting pornography in cubicles or plain view
• Consistently telling lewd of off-color jokes or stories in earshot of employees
• Tolerating employees who make sexually suggestive remarks about other employees within earshot of others
• Allowing other employees, clients, suppliers, delivery persons, or even customers to persist in giving unwanted attention
• Allowing the use of derogatory terms with a sexual connotation to be used to describe co-workers
• Allowing frequent physical contact, even when it is not sexual

It is important to note that one, two, or even several offensive remarks do not necessarily indicate the presence of a hostile environment in the workplace. The standard used, as in many areas of the law, is whether a reasonable person would find the climate hostile.

There are different time limits for the various agencies that accept filings of sexual harassment charges. There are also time limits for the filing of a sexual harassment lawsuit. It is important to speak to a NYC sexual harassment attorney skilled in all aspects of harassment law in NYC and New York State about these strict time limits.

If you feel you have been the victim of harassment and your employer has not been responsive at addressing the behavior or have questions regarding harassment law in New York City, contact Akin & Smith, LLC at their New York City law offices. Our New York sexual harassment attorneys can advise you about your options under federal, state and New York City harassment laws.