It can sometimes feel confusing to identify harassing behavior in the workplace. Many workplace harassment victims worry that they are exaggerating their situation, and they can also fear being put at the center of attention as a result of making a claim.
It is important to remember how workplace harassment is defined under the law when you are wondering whether to make a complaint. One of the most common forms of harassment is a situation in which the perpetrator of the harassment creates a hostile work environment for the victim. This is a very broad definition by intention, and it can be used to describe many different situations. For example, a person who is being told inappropriate sexual jokes could feel that the working environment has become hostile.
How can I file a harassment claim in the New York workplace?
If you want to file a harassment claim, it is a good idea to reflect and verify that you are, indeed, suffering what would be described under the law as a hostile working environment. In addition, you should be able to show that the behavior you have become subject to relates to sex, gender, religion, color or another legally protected characteristic.
You should then try to write down how the events took place, when and where the hostile or harassing behavior happened, and make records that are as detailed as possible. From here, you can take action to file your claim with the Equal Employment Opportunity Commission (EEOC). You should make sure to do this within 180 days of the harassment occurring.
How am I protected after filing the claim?
Many workers are worried about their employer learning about the fact that they filed a harassment claim. If you are worried about this, it is important that you remember that you are protected from retaliation after you file a claim with the EEOC. This means that it would be unlawful for your employer to fire you because of the fact that you took such an action.
If you are considering making a harassment claim as an employee in New York, it is important that you understand how the law works before doing so.