Best Sexual Harassment Lawyers in Buffalo

About Sexual Harassment Law in Buffalo, United States

Sexual harassment is unlawful conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to that conduct is made a condition of employment, is used as the basis for employment decisions, or creates a hostile or abusive work environment. People in Buffalo are protected under both federal and state law as well as local ordinances. Federal law (Title VII of the Civil Rights Act) covers harassment by employers with 15 or more employees and applies nationwide. New York State law often provides broader protections and remedies than federal law and can apply to some situations that federal law does not fully cover. The City of Buffalo and Erie County also enforce local human rights rules that can be relevant in employment, housing, and public accommodations contexts.

Why You May Need a Lawyer

A lawyer can help you understand your rights, evaluate the strength of your claim, and guide you through administrative filings and court proceedings. Common situations where people need legal help include:

- Workplace harassment by a supervisor, manager, or co-worker where informal reporting has failed to stop the conduct.

- Quid pro quo harassment where job benefits are conditioned on sexual favors.

- Hostile work environment cases that are ongoing and damaging to your mental health or career.

- Retaliation after you reported harassment - for example demotion, termination, reduced hours, or other adverse actions.

- Harassment by a non-employee such as a client, vendor, or contractor where your employer failed to act.

- Harassment at a school, university, or other educational setting where special rules and timelines apply.

- Cases that may involve both civil claims and criminal conduct, such as assault or sexual abuse, where you need coordinated civil and criminal advocacy.

- Negotiating separation agreements, severance packages, nondisclosure agreements, or settlement offers to ensure your rights are protected.

Local Laws Overview

Several layers of law can apply to sexual harassment claims in Buffalo:

- Federal Law - Title VII of the Civil Rights Act prohibits employment discrimination and harassment based on sex. Federal law allows victims to file charges with the Equal Employment Opportunity Commission and, in some cases, to pursue lawsuits in federal court after administrative requirements are met.

- New York State Law - New York State human rights statutes and related regulations provide protections against sexual harassment and often offer broader coverage and remedies than federal law. State law also governs harassment in employment, housing, and public accommodations. State agencies enforce these protections and can investigate complaints.

- Local Law - The City of Buffalo enforces local human rights rules that prohibit sexual harassment and discrimination in employment and other areas. Local agencies may provide additional avenues for complaint and relief in tandem with state and federal processes.

- Criminal Law - Certain acts of sexual harassment may also constitute criminal offenses under New York Penal Law. Criminal complaints are handled by law enforcement and prosecutors, and criminal cases are separate from civil or administrative claims.

- Remedies - Potential remedies can include reinstatement, back pay, front pay, compensatory damages for emotional harm, punitive damages in some cases, injunctive relief to prevent future abuse, and attorneys fees. Administrative agencies sometimes offer mediation and settlement options as well.

Frequently Asked Questions

What exactly counts as sexual harassment?

Sexual harassment includes unwelcome conduct of a sexual nature that affects employment, education, or access to services. Examples include unwanted touching, sexual comments or jokes, requests for sexual favors linked to job benefits, and pervasive sexual comments or imagery that create a hostile environment. Conduct is evaluated based on whether it is unwelcome and whether it is severe or pervasive enough to affect the person’s working or learning conditions.

Who is covered by sexual harassment laws in Buffalo?

Employees, job applicants, students, tenants, and visitors to public accommodations may be protected depending on the setting. Federal law covers employers of a certain size, while New York State and Buffalo local laws can provide additional protections that reach different settings and potentially smaller employers. Both employees and nonemployees who are subjected to harassment in a covered setting can have rights and remedies.

Should I report the harassment to my employer or file a government complaint first?

Reporting to your employer or institution is often recommended because it gives the employer a chance to address the problem and may be required before filing certain administrative claims. However, if the employer is the source of the problem or you fear retaliation or further harm, you should consider contacting an attorney or a government agency first. Counsel can advise whether internal reporting, an administrative charge, or immediate criminal reporting is the appropriate step.

How long do I have to file a complaint?

There are strict time limits for administrative claims and lawsuits. At the federal level, complainants typically have a limited window to file with the Equal Employment Opportunity Commission, which can be extended in certain circumstances. State and local agencies have their own deadlines. Because deadlines vary and missing them can bar your claim, consult an attorney or an agency promptly to confirm the applicable time limit for your situation.

Can I be fired or punished for reporting sexual harassment?

No. Retaliation for reporting harassment or participating in an investigation is illegal under federal, state, and local laws. If you experience adverse action after raising a complaint - such as termination, demotion, or other negative changes in terms or conditions - you may have a retaliation claim in addition to the harassment claim.

What evidence should I collect?

Document incidents in as much detail as possible - dates, times, locations, exactly what happened, and any witnesses. Keep copies of emails, texts, social media messages, performance reviews, and any related personnel documents. If there are physical gifts or objects, note them. Preserve digital evidence and consider writing down contemporaneous notes to preserve your memory of events.

Can sexual harassment be criminally charged?

Some forms of sexual harassment involve criminal behavior, such as sexual assault, indecent exposure, stalking, or coercion. Those acts can be reported to law enforcement and prosecuted by the district attorney’s office. Criminal cases have different standards of proof and separate remedies from civil or administrative claims. You can pursue both criminal and civil remedies simultaneously in many cases.

What remedies can I expect if my claim is successful?

Potential remedies include monetary damages for lost wages and emotional distress, reinstatement or front pay if appropriate, injunctive orders requiring the employer to change policies or take corrective steps, and recovery of attorneys fees in some cases. Administrative agencies may also order training, policy changes, or other non-monetary remedies. The specific relief depends on the facts and the claims pursued.

How long does a case usually take?

Timelines vary widely. Administrative investigations can take months to a year or more depending on caseload and complexity. Lawsuits may take many months or years to resolve if they go to trial. Many cases settle earlier through negotiation or mediation. An attorney can give a more specific timeline based on the facts and the chosen path - administrative charge, negotiated settlement, or litigation.

How do I find a good lawyer in Buffalo who handles sexual harassment cases?

Look for attorneys or law firms with experience in employment law, Title VII, and New York State human rights claims. Ask about their track record with harassment and retaliation cases, whether they try cases in court, fee arrangements, and references. Many lawyers offer free initial consultations. Local bar associations, legal aid organizations, and referrals from trusted sources can also help you find qualified counsel.

Additional Resources

When seeking help, the following types of organizations and agencies can be useful:

- New York State Division of Human Rights - handles state-level complaints and enforcement of state anti-discrimination laws.

- Equal Employment Opportunity Commission - federal agency that enforces Title VII and handles charges of workplace discrimination and harassment.

- City of Buffalo Human Rights Commission or local human rights office - enforces local anti-discrimination rules and may offer complaint procedures.

- Erie County District Attorney - for crimes such as sexual assault or stalking that require police investigation and criminal prosecution.

- Legal Aid organizations and pro bono programs in Buffalo - can help people who cannot afford private counsel.

- Local bar associations and lawyer referral services - can connect you with experienced employment and civil rights lawyers.

- Employee assistance programs and campus counseling centers - provide immediate support and referrals for medical and mental health needs.

Next Steps

If you believe you are being sexually harassed, consider taking these steps:

- Ensure immediate safety - if you are in danger or have experienced assault, contact law enforcement or emergency services first.

- Document everything - create a written record of incidents, save messages and records, and identify witnesses.

- Review your employer or school complaint procedures - follow internal reporting steps if it is safe and appropriate.

- Preserve evidence and avoid deleting electronic messages or documents that relate to the harassment.

- Contact a lawyer for an evaluation - ask about administrative filing deadlines, possible claims, and fee arrangements. Many attorneys offer a free initial consultation.

- Consider filing an administrative charge - an agency complaint may be required before you can sue in some cases and can trigger investigations and mediation options.

- Seek support - counseling, medical care, and support groups can help with emotional and physical recovery while the legal process moves forward.

Taking prompt, informed action increases the likelihood of preserving your legal rights and obtaining a meaningful remedy. A local attorney who understands Buffalo, Erie County, and New York State procedures can provide specific guidance tailored to your situation.