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What to Do If You Were Inappropriately Touched at Work

Being touched in a way that makes you uncomfortable at work can leave you unsure whether you should report it or what your rights actually are. In New York, specifically, there are protections in place, and you don’t have to navigate the situation on your own.

 

Our experienced attorneys break down what inappropriate touching means under the law and what steps you can take if it happens to you below.

What Constitutes Workplace Sexual Harassment Under New York Law?

Workplace sexual harassment includes any unwanted behavior of a sexual nature that affects your ability to do your job or makes your work environment uncomfortable.

 

In New York, this can include both physical and verbal behavior. The point is that it’s unwelcome. Just one incident can qualify if it’s serious enough, especially when it involves physical contact.

Is Unwanted Touching in the Workplace Considered Sexual Harassment?

Yes, unwanted touching can be considered sexual harassment if it makes you uncomfortable or is clearly not consensual.

 

Keep in mind that physical contact doesn’t have to be extreme to cross the line. What matters is how it’s received. It may qualify as harassment under the law if it’s unwanted and tied to a sexual or inappropriate context.

When Is Physical Touching Considered Harassment?

Touching becomes harassment when it’s unwelcome and inappropriate in a workplace setting. This can include more obvious behavior like groping, but it also covers actions that might be brushed off as minor, such as:

 

  • Repeated touching
  • Lingering contact
  • Invading personal space

 

All in all, if it makes you uncomfortable and continues, it’s worth taking seriously.

What to Do If You Were Inappropriately Touched at Work

In some cases, people start by clearly telling the other person to stop. That said, while this may work, it’s not always the most comfortable or safe thing to do. Regardless, the next important step is to document what happened. This includes writing down the details while they’re fresh in your mind, just in case you decide to report the incident later on.

 

Going to HR or a supervisor is typically the next step. Employers are required to take these complaints seriously and investigate them. If that doesn’t lead to a resolution, or if you’re just unsure how to proceed, consider speaking with an attorney to get an idea of your options.

Examples of Inappropriate Touching

Inappropriate touching can take all kinds of forms, and not all are obvious at first, including, but not limited to:

 

  • Unwanted hugs
  • Touching someone’s shoulder or back without permission
  • Standing too close in a way that leads to contact
  • Combining physical contact with suggestive comments

 

The common thread is that the behavior is unwanted and creates discomfort.

Can I Sue Someone for Touching Me at Work?

Yes, you might be able to sue if the person's actions fit the legal definition of harassment or assault.

 

That being said, it helps to have proof of what happened and any steps you took to report it if you want to move forward with a claim. Witness statements or proof that the person's behavior continued over time can also help your case.

 

You might have a sexual harassment claim, a personal injury claim, or both, depending on the situation. It will depend on what happened and how your boss reacted in the end.

Can an Employer be Held Liable for the Actions of Their Employee?

Yes, in many cases, an employer can be held responsible for harassment that happens at work.

 

If a supervisor is involved, the employer is usually automatically liable. On the other hand, if the person is a co-worker, the employer may still be responsible if they knew about the behavior and didn’t take any steps to stop it.

 

No matter what, it's important to report the problem because it makes a record and gives the boss a chance to respond, which could be helpful if the situation escalates.

What Types of Damage Could I Recover in a New York Workplace Sexual Harassment Claim?

You may be able to recover compensation for both financial and personal impacts, including lost wages if the situation affected your job, as well as the cost of any treatment related to stress or emotional distress. Additional damages may be awarded if the behavior is especially severe.

Key Takeaways

Unwanted physical contact in the workplace can be considered sexual harassment under New York law.

You have the right to report the behavior and take legal action if necessary.

Employers may be held responsible if they fail to address or prevent harassment.

Contact Our New York Assault Attorneys Today for More Information

At Field Law Group, we help people understand their options and take the next step when something doesn’t feel right. When work is involved, sexual harassment cases can be hard to deal with, but our team can help you figure out what to do.

 

If you want to talk to one of our New York assault lawyers today, call 212-739-7278 or get in touch with us online.

 

About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.

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