Taking the step to report sexual harassment in your workplace is an act of courage. However, it can become disheartening when you realize that after all your effort, your human resources department did nothing to protect you.
While HR may have failed you, the legal system in New York City provides pathways to ensure you do not face this problem alone.
Understanding your employer’s legal obligations
In New York City, when you report sexual harassment, your employer has a legal obligation to take your claim seriously. This includes conducting a prompt and impartial investigation into the matter.
If HR ignores your complaint or fails to take corrective action to stop the act, they may be violating the New York City Human Rights Law. While the HR’s role is often to protect the company’s interests; the law requires that they protect your rights to a workplace free from hostility.
Documenting “the silence” and protecting your rights
If you find that your report is being ignored, keep a detailed “paper trail” of each interaction with HR. Save copies of your initial complaint, any follow-up emails you sent and notes on any verbal conversations you had with HR representatives.
If no action was taken and the harassment continues, document those new incidents as well. This evidence is vital because it shows that the company received notice about the behavior and did not intervene, which strengthens your legal standing.
Exploring your legal recourse beyond the internal process
When internal channels fail, you have the option to look outside your company for justice. In New York, you can file a complaint with the New York City Commission on Human Rights or the Equal Employment Opportunity Commission.
Furthermore, if your company treats you poorly, cuts your hours or terminates you because you followed up on an ignored harassment claim, they are committing a separate legal violation.
Collaborating with seasoned employment advocates
Navigating a sexual harassment claim is an emotional challenge that no one should manage by themselves. At Sack & Sack, Attorneys at Law, our firm has experience representing New York and Long Island employees in complex sexual harassment cases.
We understand the nuances of NYC labor laws and have a proven record of holding employers accountable when they choose to ignore the suffering of their staff. To request a free confidential consultation with one of our attorneys, please call us today at 212-702-9000.