Best Sexual Harassment Lawyers in Tarrytown
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Find a Lawyer in TarrytownAbout Sexual Harassment Law in Tarrytown, United States
This guide provides an overview of how sexual harassment is treated in Tarrytown, New York, and the options available to people who believe they have been harassed. Sexual harassment can occur in the workplace, at school, in housing, or in public places. It can take the form of unwelcome sexual advances, requests for sexual favors, offensive remarks, or other conduct of a sexual nature that creates a hostile environment or is used as the basis for employment decisions.
People in Tarrytown are protected by both federal and New York State laws. Federal law, primarily Title VII of the Civil Rights Act, protects employees of employers with 15 or more employees from workplace sexual harassment. New York State law provides broader protections and enforcement, and Westchester County and local governments may offer additional victim services. Criminal sexual conduct is handled separately through the police and the district attorney.
Why You May Need a Lawyer
Sexual harassment matters often involve complex factual and legal issues, and a lawyer can help evaluate the strength of a claim and guide you through the options. Common situations where people seek legal help include:
- Hostile work environment caused by supervisors, coworkers, customers, or vendors. A lawyer can assess whether the conduct is legally actionable and advise on employer liability.
- Quid pro quo harassment - where job benefits are conditioned on sexual favors - which can create urgent legal and safety concerns.
- Retaliation after reporting harassment - employees who report misconduct may face demotion, termination, reduced hours, or other adverse actions. Lawyers can pursue retaliation claims and remedies.
- Employer failed to investigate or take corrective action after a complaint. Legal help can force an appropriate investigation or pursue damages.
- Criminal sexual assault or abuse with overlapping civil claims. An attorney can coordinate civil remedies while a criminal case proceeds, and advise how to protect your legal rights while working with law enforcement.
- Negotiating a settlement, separation agreement, or review of proposed nondisclosure agreements - a lawyer will review terms to protect your interests and rights.
Local Laws Overview
Key legal frameworks relevant in Tarrytown include:
- Federal law - Title VII of the Civil Rights Act prohibits employment discrimination, including sexual harassment, by covered employers. Victims may file administrative charges with the U.S. Equal Employment Opportunity Commission or pursue lawsuits after receiving a right-to-sue notice.
- New York State law - The New York State Human Rights Law provides protections against sexual harassment in employment, housing, and public accommodations. New York law often provides broader coverage and more plaintiff-friendly standards than federal law. New York employers are required to maintain an anti-harassment policy and provide annual sexual harassment prevention training to employees.
- Local enforcement and services - Westchester County and Tarrytown provide victim assistance and local authorities that can help with law enforcement and supportive services. The Westchester County District Attorney handles criminal prosecution of sexual offenses.
- Remedies and damages - Remedies may include back pay, reinstatement, compensatory damages for emotional harm, punitive damages in some cases, civil penalties in administrative proceedings, and attorney fees. Criminal cases may lead to fines, incarceration, and restitution.
- Time limits and procedures - There are administrative deadlines and statute of limitations for filing complaints and lawsuits. Deadlines vary depending on whether you file with federal agencies, state agencies, file a civil suit, or pursue criminal charges. Because timing rules are strict, it is important to confirm deadlines early.
Frequently Asked Questions
What counts as sexual harassment?
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexual comments, inappropriate touching, sexual images, or other conduct of a sexual nature that creates a hostile, intimidating, or offensive environment or when submission to the conduct is made a condition of employment. Harassment can be verbal, physical, or visual.
Who is protected under the law?
Employees, job applicants, interns, contractors, and in many cases unpaid interns are protected in the workplace. New York State law also protects people in housing and public accommodations. Federal law covers employees of employers with a certain number of employees, while state law can apply more broadly. Protection extends regardless of gender, sexual orientation, race, or other protected characteristics.
What should I do immediately after an incident?
Prioritize safety. If you are in immediate danger, call the police. Preserve evidence - save messages, emails, photos, or recordings and write a detailed account of the incident including dates, times, locations, and witnesses. Seek medical care if needed. Consider contacting a sexual assault support service for medical and emotional support and for help with evidence preservation.
Should I report the harassment to HR or my employer?
If it is safe to do so, reporting the harassment to your supervisor or human resources is usually advisable because many employers are required to investigate complaints. However, some victims worry about retaliation or inadequate responses. If you fear retaliation or unsafe responses, talk to a lawyer or victim advocate first about how to report and protect yourself.
Can I file a claim with a government agency?
Yes. You can file administrative complaints with federal or state agencies that handle discrimination claims. Federal charges typically go through the Equal Employment Opportunity Commission. New York State complaints go through the New York State Division of Human Rights. Filing with an agency often is a prerequisite to filing certain civil lawsuits, so check deadlines and procedures.
How long do I have to file a complaint?
Deadlines vary by forum and by the nature of the claim. Administrative deadlines and civil statutes of limitations differ between federal, state, and criminal processes. Because time limits can be short, it is important to check specific deadlines as soon as possible and consider speaking with a lawyer to preserve your rights.
What remedies can I obtain?
Possible remedies include reinstatement, back pay, front pay, compensatory damages for emotional distress, punitive damages in certain cases, civil penalties in administrative actions, and attorney fees. Criminal cases can result in criminal penalties and restitution. Remedies depend on the facts, the law that applies, and the forum in which you proceed.
Will reporting mean I will be fired or retaliated against?
Retaliation for reporting sexual harassment is illegal under federal and state law. Still, retaliation can occur in practice. If retaliation happens, you may have a separate legal claim. Document any adverse actions and contact an attorney or a victim advocate promptly.
Do I need a lawyer to file a complaint?
You are not required to have a lawyer to file an administrative complaint or to report to police, but a lawyer can help evaluate your case, preserve evidence, meet deadlines, prepare an effective complaint, and negotiate or litigate for full remedies. Lawyers experienced in sexual harassment matters can also coordinate civil claims with criminal proceedings and work with victim services.
What if the harasser is not my employer - for example, a customer, client, or contractor?
You may still have legal options. Employers can be responsible for harassment by non-employees when they control the work environment and do not take reasonable steps to prevent or address harassment. You may also have claims directly against the individual, and criminal charges may be available if the conduct involved assault or abuse. Discuss the situation with an attorney to understand all options.
Additional Resources
Resources that can help in Tarrytown include federal, state, county, and local agencies and nonprofit support organizations:
- U.S. Equal Employment Opportunity Commission - handles federal workplace discrimination claims.
- New York State Division of Human Rights - enforces the New York State Human Rights Law for employment, housing, and public accommodations.
- Westchester County Human Rights Commission and Westchester County District Attorney - local resources for civil rights enforcement and criminal prosecution.
- Tarrytown Police Department - for immediate safety concerns and to report criminal conduct.
- Westchester County Office of Victim Assistance and other victim services - provide crisis counseling, advocacy, and help navigating criminal and civil systems.
- Local legal aid and civil legal service organizations, such as Legal Services of the Hudson Valley and the Westchester County Bar Association Lawyer Referral Service - for help finding legal representation or low-cost assistance.
- Local rape crisis and sexual assault support centers - for confidential crisis counseling, forensic exam guidance, and referrals to medical and legal help.
Next Steps
If you need legal assistance for sexual harassment in Tarrytown, consider the following steps:
- Ensure immediate safety. If you are in danger, call 911 or local emergency services.
- Preserve evidence. Save emails, texts, social media messages, photos, voicemails, calendars, and notes describing incidents, and keep copies in a safe place.
- Get medical attention if needed and consider a forensic exam if there was sexual assault. This preserves physical evidence and supports criminal and civil cases.
- Consider reporting the conduct to your employer or school if it is safe to do so. Follow any internal reporting procedures and keep written records of reports and responses.
- Contact victim advocates or local support services for crisis counseling, safety planning, and assistance with reporting to police or prosecutors.
- Consult a lawyer with experience in sexual harassment and employment law. Prepare documents, a timeline of events, names of witnesses, and any communications about the incidents. Ask potential lawyers about their experience, fee structure, how they handle confidentiality, and expected timelines.
- File administrative complaints promptly if you intend to pursue civil remedies. Deadlines can be strict, so get legal advice early to preserve your rights.
Remember that this guide provides general information and is not legal advice. Each situation is different, and a local attorney can give advice tailored to your facts and legal options in Tarrytown and New York State.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.