Understanding Your Rights Sexual Harassment Laws in Albany

1. Understanding Your Rights: Sexual Harassment Laws in Albany Introduction Sexual harassment is a pervasive issue that affects individuals in the workplace, educational institutions, and other settings. It is important for people in Albany, New York, to understand their rights and the laws that protect them from sexual harassment. This guide will provide an overview of the relevant laws and the steps you can take to address sexual harassment. What is Sexual Harassment? Sexual harassment is a form of discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This behavior can create a hostile work environment or result in the individual being subjected to adverse employment or educational decisions. Federal and State Laws Prohibiting Sexual Harassment Title VII of the Civil Rights Act of 1964 At the federal level, Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace. This law applies to employers with 15 or more employees, and it covers a wide range of workplace harassment, including unwanted touching, offensive comments, and quid pro quo harassment (where an employee's submission to sexual demands is a condition of employment). 1/3

2. New York State Human Rights Law In addition to the federal law, the New York State Human Rights Law (NYSHRL) also prohibits sexual harassment in the workplace, as well as in other settings such as education, housing, and public accommodations. The NYSHRL provides more comprehensive protections than the federal law, and it applies to employers of all sizes. Types of Sexual Harassment Sexual harassment lawyer albany can take many forms, and it is important to understand the different types of harassment that are prohibited by law. Quid Pro Quo Harassment Quid pro quo harassment occurs when an employer or supervisor conditions a job benefit or employment decision on an employee's submission to unwelcome sexual advances or requests. This type of harassment is a form of sex discrimination and is prohibited by both federal and state laws. Hostile Work Environment A hostile work environment is created when unwelcome sexual conduct is severe or pervasive enough to interfere with an individual's work performance or create an intimidating, hostile, or offensive work environment. This type of harassment can include verbal, physical, or visual conduct, and it is prohibited by both federal and state laws. Reporting Sexual Harassment If you have experienced sexual harassment, it is important to report the incident(s) to your employer, school, or the appropriate authorities. The law requires that you exhaust your administrative remedies before you can file a lawsuit. Internal Reporting Procedures Many employers and educational institutions have internal procedures for reporting and investigating sexual harassment complaints. It is important to follow these procedures and document any incidents or complaints you make. Government Agencies If your employer or educational institution does not address your complaint, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR). These agencies will investigate your complaint and determine whether the harassment violates the law. Remedies and Protections If your complaint is found to have merit, you may be entitled to various remedies, including: 2/3

3. Monetary Damages Monetary damages can include back pay, front pay, and compensation for emotional distress, as well as punitive damages in certain cases. Reinstatement or Promotion In cases where an employee has been wrongfully terminated or denied a promotion, the court or agency may order the employer to reinstate the employee or provide the promotion. Injunctive Relief The court or agency may also order the employer to take specific actions to stop the harassment and prevent it from happening again, such as providing training or implementing new policies. Anti-Retaliation Protections Both federal and state laws prohibit employers from retaliating against employees who report sexual harassment or participate in an investigation. This means that you cannot be fired, demoted, or otherwise punished for speaking out against sexual harassment. Conclusion Sexual harassment is a serious issue that can have significant emotional, physical, and financial consequences for victims. By understanding your rights and the laws that protect you, you can take steps to address sexual harassment and seek the justice and compensation you deserve. If you have experienced sexual harassment in Albany, it is important to report the incident and seek the assistance of an experienced employment law attorney who can help you navigate the legal process and protect your rights. 3/3