What Is Harassment?

Harassment can be defined as an unwanted behavior that gets in the way of an individuals work and responsibilities.  The law protects employees from being harassed based on their belonging to protected groups, of which there are many.  This includes being harassed based on your race, gender, national origin or sexual orientation.  Harassment can include verbal comments, unwanted behavior, touching, and more.  Harassment can be carried out by supervisors and bosses, coworkers, temporary workers, or clients just visiting a place of employment.

What should I do if I am being treated unfairly?

If you are being harassed or treated unfairly, the first thing you should do is complain to Human Resources or anyone at the office that could write down your complaint.  In order to build up a case for discrimination, an employee should have a written record of bringing the situation to the attention of the employer.  Moreover, making formal complaints can help mitigate the situation.

What is at will employment?

The "At Will" employment doctrine is popular in many states, including New York.  It was designed to give employees and employers maximum flexibility.  As an at will employee, an employer is able to fire an employee at will, for any reason or for no reason at all.   The only caveat to this treatment is that an employer cannot base an employment action on a discriminatory reason.  Conversely, "At Will" employment allows for employees to leave a job for any reason and at any time without any repercussions or hassle if they find other opportunities.

Can my boss fire me for any reason?

As an at will employee, your employment is subject to the will of your employer. As long as it is not for a discriminatory reason, your employment is subject to termination for any reason and at any time the company choses, with very limited exceptions.

What is a class action lawsuit?

A class action lawsuit is an action brought against a defendant that has multiple parties. The parties generally are claiming the same sort of treatment, and are seeking similar damages. There are many advantages to a class action lawsuit, such as streamlining multiple lawsuits and putting more pressure on the defendant, as well as reducing costs.

Am I protected if I am being discriminated based on my sexual orientation?

In New York State, as well as New York City, there are statutes that protect individuals from being discriminated against based on their sexual orientation.  Under these statutes, it is illegal to harass an individual based on their sexual orientation or gender identity.

Am I protected from harassment if I am not a United States Citizen?

New York state law provides protections for non-citizens who are being harassed based on their citizenship status or their status as aliens within the country.  It is is illegal to discriminate or harass an individual based on their citizenship status.