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Sexual harassment is a form of sex discrimination prohibited under Title VII of the 1964 Civil Rights Act for workplaces, and under Title IX for educational institutions in the United States. In Albany, New York, the New York State Human Rights Law and Albany County Human Rights Law protect individuals from sexual harassment. These laws apply to employers of all sizes, protect both genders, and they also cover unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Legal advice is often sought in situations where individuals are victims of sexual harassment at workplace or in educational institutions, are facing retaliation for reporting harassment, or needing legal protection from sexual harassment in housing and other public accommodations. A lawyer can help in understanding your rights and obligations under the law, can provide guidance through the complaint process, and can represent you in litigation if the need arises.
In Albany, sexual harassment laws are enforced at county, state, and federal levels. Notably, Albany County Human Rights Law mandates that employers adopt a clear sexual harassment policy, and provide annual sexual harassment training to all employees. New York State law expands liability to all employers, regardless of the number of employees, and provides for expansive damages and attorney's fees to prevailing plaintiffs.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
Yes, if you witness sexual harassment taking place, even if you are not the victim, you are encouraged to report it.
Retaliation against someone for reporting sexual harassment or participating in an investigation is illegal. If you experience retaliation, you should report it immediately to your employer and may need to consider involving an attorney.
Title IX is a federal law which protects people from gender discrimination, including sexual harassment and sexual violence, in education programs or activities that receive federal financial assistance. It applies to institutions such as colleges, universities, and local school districts.
In New York State, you generally have three years from the last act of harassment to file a complaint. However, federal claims under Title VII must be filed with the Equal Employment Opportunity Commission within 300 days of the last act of harassment.
For further assistance, you may reach out to the following organizations: Equal Employment Opportunity Commission (EEOC), Albany County Human Rights Commission, New York State Division of Human Rights, National Women's Law Center, and U.S. Department of Education's Office for Civil Rights.
If you need legal assistance, it is advised to consult with a lawyer specializing in sexual harassment law. Gather all possible evidence related to the harassment like emails, texts, or witness details. Report the incident to your employer or school according to their established protocols. If your rights continue to be infringed, consider filing a formal complaint with a relevant governmental body.
