Brooklyn Sexual Harassment Lawyer
Sexual harassment at work does not always look the way people expect it to. Sometimes it is overt, a supervisor making unwanted physical contact or demanding sexual favors in exchange for a promotion. But just as often it is cumulative, a pattern of comments, jokes, looks, and exclusions that individually seem dismissible but together create a workplace that is hostile and degrading. Either way, it is illegal under both federal law and New York State law, and Brooklyn workers have more legal protections than those in most other states in the country.
Working with a Brooklyn sexual harassment lawyer gives you access to someone who understands how these cases actually develop, what evidence matters, how employers and their insurance carriers respond to claims, and what New York’s unusually strong anti-discrimination statutes mean for your specific situation. The law here goes further than federal standards in important ways, and knowing how those layers interact can significantly affect both whether you have a viable claim and what that claim is worth.
At Mark David Shirian P.C., attorneys Mark D. Shirian and Shawn D. Shirian represent workers throughout Brooklyn and New York City who have been subjected to unwanted sexual conduct, coercive behavior, and hostile work environments. The firm was founded with a clear purpose: to help people who have been wronged. That purpose applies directly to workers who have endured harassment that their employers ignored, minimized, or actively covered up.
What Brooklyn Workers Need to Know About Sexual Harassment Law
Sexual harassment claims in New York can arise under several overlapping legal frameworks. Title VII of the Civil Rights Act of 1964 provides federal protection for employees at companies with 15 or more workers. The New York State Human Rights Law applies more broadly, and following legislative amendments in recent years, it now covers employers with as few as one employee. The New York City Human Rights Law goes further still, providing some of the most expansive protections available to workers anywhere in the country.
Under the New York City Human Rights Law, you do not need to show that the harassment was severe or pervasive to bring a claim. That is a higher federal standard that has historically made it difficult for workers to succeed in court. New York City’s law requires only that the conduct was more than a petty slight or trivial inconvenience. That distinction matters enormously in practice, particularly in cases involving workplace cultures where low-grade but persistent harassment has been normalized.
Retaliation is also prohibited. If you reported sexual harassment, participated in an investigation, or made clear that you found the conduct unwelcome, and your employer responded by demoting you, reducing your hours, changing your assignments, or terminating you, that retaliation is independently actionable. Many sexual harassment cases in Brooklyn involve both an underlying harassment claim and a retaliation claim that developed after the worker spoke up.
Types of Sexual Harassment Situations Our Brooklyn Attorneys Handle
- Quid pro quo harassment: This occurs when a supervisor or person in authority conditions a job benefit, a raise, a promotion, continued employment, on submission to sexual demands. Under New York law, a single incident of quid pro quo harassment is sufficient to support a claim, regardless of the employer’s size.
- Hostile work environment claims: These involve repeated unwanted conduct of a sexual nature that alters the terms and conditions of employment, including sexual comments, jokes, images, gestures, or physical contact that a reasonable person would find offensive.
- Harassment by co-workers or non-supervisory employees: Employers in New York can be held liable when they knew or should have known about harassment by a co-worker and failed to take appropriate corrective action. This applies to warehouses, retail operations, restaurants, construction sites, and offices throughout Brooklyn.
- Third-party harassment: Workers in client-facing roles, including those in the service industry along Atlantic Avenue, retail workers in Bay Ridge, or hotel staff near the Brooklyn waterfront, can experience harassment from customers, vendors, or contractors. New York law requires employers to take steps to address this as well.
- Same-sex and gender-based harassment: Sexual harassment law is not limited to conduct directed at one gender by the other. Harassment can occur between people of any gender, and conduct targeting someone because of how they express or identify their gender is also covered under New York’s human rights framework.
- Harassment during remote or hybrid work: Video calls, messaging platforms, and work-related social media have become new venues for harassing behavior. Courts and administrative agencies have made clear that the physical location of the harasser does not insulate an employer from liability.
- Failure to investigate or act on complaints: Under New York law, an employer’s obligation does not end with posting a policy. If your employer received a complaint and responded inadequately or not at all, that failure can form part of the legal claim against them.
What to Do If You Are Experiencing Sexual Harassment in Brooklyn
Start documenting immediately. Write down what happened, who was present, what was said or done, and when. Keep this record somewhere your employer cannot access, not on a work device or a work email account. If you received harassing messages or images, preserve them, but again, do so through personal channels. Courts look at contemporaneous records very carefully, and what you document now will carry more weight than what you recall months later.
Review your employer’s sexual harassment policy, if one exists. New York State law requires employers to have a written policy and to provide annual training. If your employer has not done this, that non-compliance becomes relevant context. Report the harassment through whatever internal channel exists, human resources, a supervisor above the harasser, or an ethics hotline. Do this in writing so there is a record. If you are in a union, review your collective bargaining agreement to understand any parallel grievance process.
There are deadlines that apply to sexual harassment claims in New York, and they vary depending on which law you are pursuing. Claims under the New York City Human Rights Law must generally be filed within three years. Federal claims under Title VII require filing a charge with the Equal Employment Opportunity Commission, and the deadline for doing that is 300 days from the discriminatory act for workers in New York. New York State Human Rights Law claims can be filed either administratively with the New York State Division of Human Rights or directly in court. Choosing the right forum and meeting the correct deadline requires legal guidance specific to your situation.
The EEOC’s New York District Office, which covers Brooklyn and the rest of New York City, is located in Manhattan and handles charge filings for federal claims. Brooklyn workers can also file complaints with the New York City Commission on Human Rights. These administrative processes involve their own procedures and timelines, and how you navigate them affects your options down the road. Speaking with a sexual harassment attorney in Brooklyn before filing anything on your own can prevent mistakes that narrow your legal options before you have fully explored them.
Avoid discussing the harassment broadly with co-workers beyond what is necessary. Employer investigations frequently involve interviews of colleagues, and comments made casually can be taken out of context. Be thoughtful about what you post on social media. Defendants in harassment cases routinely pull social media records in discovery.
Why Mark David Shirian P.C. Handles These Cases the Way It Does
Mark David Shirian P.C. was founded in 2016 and has built its practice around employment law and personal injury representation for New Yorkers. The firm has recovered millions on behalf of its clients. Attorneys Mark D. Shirian and Shawn D. Shirian bring direct litigation experience to employment cases, including sexual harassment matters, which means they are prepared to take a case to court, not just negotiate a settlement under pressure.
Client feedback about the firm consistently highlights close attention to case details, hard work, and genuine commitment to achieving the outcome the client is pursuing. One client described Mark D. Shirian as someone who “works very hard to get the outcome that we both were looking for.” Another noted that he “pays close attention to details that are important for your case.” In sexual harassment litigation, those details often determine outcomes. What a supervisor said in passing, what HR documented internally, what the employer’s prior complaint history looks like, these are the kinds of specifics that a careful attorney finds and uses.
The firm describes its approach as assertive, dependable, creative, and honest. For a sexual harassment client, that translates to an attorney who will not minimize what happened to you, will be clear about your options and realistic about what each path involves, and will bring real legal pressure to bear when an employer or its insurer is not dealing in good faith.
Questions Brooklyn Workers Ask About Sexual Harassment Claims
What is the difference between sexual harassment and workplace rudeness?
Sexual harassment involves conduct of a sexual nature or conduct targeting someone because of their sex or gender. General workplace unpleasantness, a difficult manager or dismissive colleagues, does not meet the legal standard. The conduct must be unwelcome, based on sex or gender, and either involve a tangible employment action like termination or demotion, or be severe or pervasive enough under federal law, or more than trivially offensive under the New York City standard, to alter working conditions.
Can I file a sexual harassment claim if I only work part-time?
Yes. Part-time workers are protected under New York State and City human rights laws. The law does not condition protection on the number of hours worked per week or your employment classification.
What if the harasser is not my direct supervisor?
Employers can still be held liable for harassment by co-workers, subordinates, or even third parties like customers and vendors, if they knew or should have known about the conduct and failed to respond appropriately. The employer’s knowledge and response are central to these claims.
My employer offered me a severance agreement after I complained. Should I sign it?
Do not sign anything before speaking with an attorney. Severance agreements in these circumstances almost always include a release of legal claims, meaning that once you sign, you generally cannot pursue a harassment or retaliation claim. An attorney can review the agreement, advise you on what you are giving up, and in some cases negotiate better terms before you decide.
What damages can I recover in a sexual harassment case in New York?
Available damages can include back pay and front pay if you were terminated or forced to leave your job, compensation for emotional distress, attorney’s fees in some cases, and potentially punitive damages in cases involving particularly egregious conduct. Under the New York City Human Rights Law, compensatory and punitive damages are available, and the law does not cap emotional distress damages the way federal law does.
My employer’s HR department investigated and said they found nothing. Does that end my case?
No. An internal investigation that exonerates the employer does not foreclose your legal options. HR departments represent the employer’s interests, not yours. Courts and administrative agencies conduct their own review of evidence, and a finding by an internal investigator carries far less weight than many employers imply it does.
Can I be fired for reporting sexual harassment?
Firing someone for reporting sexual harassment is retaliation, which is separately prohibited by New York State law, New York City law, and federal law. If you were terminated after making a complaint, the timeline of events is significant evidence, and you may have a retaliation claim that stands independently of whether the underlying harassment claim succeeds.
What if the harassment happened at a work event or holiday party, not in the office?
Work events, client dinners, and company social functions are treated as extensions of the workplace for purposes of sexual harassment law. Conduct that occurs at an employer-sponsored event can form the basis of a claim in the same way as conduct that occurs at the office.
I am undocumented. Do I still have the right to bring a sexual harassment claim?
New York’s human rights laws protect workers regardless of immigration status. The New York City Human Rights Law explicitly covers undocumented workers. An attorney can discuss confidentiality and the practical considerations involved in your specific situation.
How long do sexual harassment cases typically take to resolve?
This varies considerably depending on the forum and complexity. Cases that settle before or shortly after litigation may resolve within several months to a year. Cases that proceed through discovery and trial in federal or state court can take two to three years or more. Administrative processes through the EEOC or the New York State Division of Human Rights have their own timelines. An attorney can give you a more realistic assessment once the specific facts and claims are known.
Does it matter that I did not formally complain before I left my job?
Not necessarily. The failure to report internally can sometimes affect the analysis under federal law in hostile work environment cases, but New York’s laws take a broader view. There are also situations where an employer’s failure to have a functioning complaint mechanism, or the reality that complaining internally would have been futile, affect how this issue plays out. Context matters, and an attorney can assess how your specific situation looks under the applicable legal framework.
Brooklyn and New York City Sexual Harassment Representation
Mark David Shirian P.C. represents workers facing sexual harassment throughout Brooklyn, including clients from Flatbush, Crown Heights, Brownsville, East New York, Bushwick, Williamsburg, Greenpoint, Park Slope, Carroll Gardens, Red Hook, Bay Ridge, Sunset Park, Borough Park, Bensonhurst, Sheepshead Bay, and Canarsie. The firm also serves clients in Downtown Brooklyn, DUMBO, and Bed-Stuy, as well as workers commuting from nearby communities in Queens, Staten Island, and other boroughs who experience harassment at Brooklyn workplaces. Throughout New York City, from the Bronx to Manhattan and across all five boroughs, the firm handles employment claims arising from workplaces of all types: office environments, healthcare facilities, hospitality venues, retail operations, construction sites, and logistics facilities.
Talk to a Brooklyn Sexual Harassment Attorney About Your Situation
If you have experienced unwanted sexual conduct at work and are trying to figure out whether you have a viable claim, what it might involve, and whether it is worth pursuing, speaking with a Brooklyn sexual harassment attorney is the right starting point. The consultation itself costs nothing, and the information you get will help you make a genuinely informed decision about what to do next.
Mark David Shirian P.C. offers confidential case evaluations. Attorneys Mark D. Shirian and Shawn D. Shirian will listen to what happened, assess the facts honestly, and tell you plainly what legal options exist in your situation. Contact the firm today to schedule your evaluation.
