Brochures
Brochures
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What evidence do I need to present when reporting
a discriminatory act to the Commission?
EN O
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All we need from you is to hear about your experience.
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Just call the Commission and tell us what happened.
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Who can be liable for discriminatory harassment?
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Everyone is prohibited from committing acts of
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discriminatory harassment. This means you can report a
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discriminatory act committed by a person who attacks
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you on the street, a neighbor who harasses you, or a fellow
passenger on the bus, regardless of your relationship to
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that person.
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Is hateful graffiti discriminatory harassment?
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Hateful graffiti can be discriminatory harassment if it
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interferes with someone’s rights, for instance, to enter a
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park or a school.
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Why should I report discriminatory acts to the
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Commission?
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The Commission can work with you and with community
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members in your area to prevent acts like this from is
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happening again. You can even make an anonymous
report. The Commission will also consider requests for
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U-visa certifications and declarations in support of T-visas
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Please call 311 and ask for the NYC Commission on
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for individuals who have information that will be helpful in
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Human Rights if another person threatens, harasses,
investigating a claim of discriminatory harassment.
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or intimidates you, or uses violence or coercion against
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you, because of your protected status such as race,
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What type of measures can the Commission take color, religion/creed, national origin, gender, gender
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against a perpetrator? identity, disability, sexual orientation, immigration status,
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When you bring a claim against a perpetrator, if the claim is or other protected status.
successful, the Commission can get an order demanding
that the discriminatory harassment stop. The Commission These acts are prohibited by the NYC Human Rights Law. Commission on
can order the harasser to pay compensation for emotional Human Rights
harm and civil penalties and for out-of-pocket expenses. @NYCCHR
BILL DE BLASIO CARMELYN P. MALALIS
NYC.gov/HumanRights Mayor Commissioner/Chair
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Human Rights
Commission on
[email protected]
To contact this team, please email:
Team at the NYC
All New Yorkers have the right to a workplace free from sexual
harassment and discrimination. Let us know if you need help.
http://www.dhr.ny.gov
1-888-392-3644
T O P
HARASSMENT
S
Sincerely,
• Woman’s Justice NOW Helpline: (212) 627-9895
• Legal Momentum Equality Works Program:
(212) 925-6635
Letitia James • Safe Horizon Crime Victim’s Hotline: N E W Y O R K S TAT E O F F I C E
(866) 689-HELP (4357) or
New York State Attorney General Rape & Sexual Assault Hotline: (212) 227-3000 of the
The State Capitol AT T O R N E Y G E N E R A L
Albany, New York 12224
1-800-771-7755
www.ag.ny.gov
Civil Rights Bureau
Sexual Harassment Defined Filing Complaints U.S. Equal Employment Opportunity Commission (EEOC)
Sexual harassment complaints under Title VII of the federal Civil Rights
Sexual harassment is a form of gender-based discrimination. It involves Follow Employer Procedures First Act may only be brought against employers with more than 15 employees
unwelcome sexual conduct that:
You should first contact the person or office who may have been and must be filed with the EEOC before commencing litigation. The
• Is used as the basis for hiring or other employment decisions, such designated by your employer to receive such complaints. EEOC is a federal administrative agency that investigates employment
as promotions, raises or job assignments; or discrimination complaints brought under federal law.
Creates an intimidating, hostile or offensive work environment. Consult an Attorney
• Filing a Lawsuit in State or Federal Court
The harasser can be a supervisor, a co-worker or someone who is not Beyond reporting harassment to your employer, there is no one right
Depending on the law on which a complaint is based, an individual
an employee, such as a client or customer. Harassment is illegal when answer about how to proceed. It is advisable to consult an attorney who
may also have the right to file a lawsuit against their employer in state
it is so frequent or severe that it creates a hostile or offensive work can explain all of the available options. Note that there are deadlines or
or federal court. Although a Title VII claim may only be brought in
filing a complaint under each of the laws prohibiting sexual harassment.
environment or when it results in an adverse employment decision. court after a charge is first filed with the EEOC, the NYS HRL does
Ask the agencies listed about specific procedures and time limits that not require individuals to file a complaint with the SDHR or any other
Sexual harassment may be verbal, visual and/or physical, apply. You will find contact information for all the agencies on the back
including:
agency before bringing an action under the law in court.
of this brochure.
• Sexually offensive remarks or jokes; New York State Office of the Attorney General (OAG)
Protections Against Retaliation
• Unwanted touching or groping; Civil Rights Bureau Retaliation for making a complaint about sexual harassment is prohibited
• Coerced sex acts; by law. If this occurs, you may have a separate claim of retaliation in
• Requests for sexual favors of a sexually suggestive nature (e.g., The Civil Rights Bureau determines whether your experiences are
addition to any claim of sexual harassment. Retaliation occurs when the
asking employee to dig coins out of a supervisor’s pants pocket); evidence of a pattern, practice or policy of sexual harassment affecting terms and conditions of one’s work are unfavorably changed as a result of
• Displaying pornographic images; a significant number of people. The Bureau may then commence an one’s reporting sexual harassment or cooperating with the investigation of
• Comments (either complimentary or derogatory) about a person’s investigation and/or initiate legal action against the employer. NOTE: a sexual harassment complaint or lawsuit. If you believe you have suffered
gender or sexual preferences; The Attorney General represents the People of the State of New York, retaliation, you should consult with an attorney and inquire with the agencies
• Sexual gestures (e.g., pantomiming sex acts). not the individual making a complaint. Filing a complaint with the listed above as to the specific time limits and procedures that apply.
OAG is not a substitute for bringing a case in court, and it does not
Sexual harassment is prohibited by Title VII of the 1964 federal Civil affect any of the filing deadlines or other administrative prerequisites for Women, Men and Third Parties are Protected
Rights Act, New York State Human Rights Law and, in some instances, filing a case in court or with other government agencies.
local law (for example, the New York City Administrative Code). The The law protects both men and women, and also covers incidents in
NYS Human Rights Law also protects against harassment based on If you believe that you have been a victim of sexual harassment, you may which the harasser and the victim are of the same sex, regardless of
gender identity or transgender status. contact the Bureau at: Civil Rights Bureau, New York State Attorney sexual orientation.
General’s Office, 28 Liberty Street, New York, NY 10005; or at (212)
Harassment on the basis of actual or perceived sexual orientation is also Third parties may complain when one or more of the following occurs:
prohibited by the New York State Orientation Non-Discrimination Act
416-8250 or (800) 771-7755; or at [email protected].
(1) submission to sexual demands is a general condition of employment;
(“SONDA”). For more information on SONDA, NYS Division of Human Rights (SDHR) (2) harassment directed at others adversely affects the third party’s work
visit https://ag.ny.gov/civil-rights/sonda-brochure. environment; or (3) offensive sexual conduct, even if consensual between the
Complaints of sexual harassment may be brought under the State Human
Sexual Harassment Outside the Workplace
parties involved, is creating a hostile work environment for the third party.
Rights Law against an employer of any size. The State Human Rights
Law allows individuals to file a complaint with the SDHR or proceed Sometimes the Harassment Is Criminal
Sexual harassment can occur in contexts other than the workplace: in directly to court. The scope of and procedure for filing complaints under
housing, school, or other public accommodations. If you feel that you local human rights laws may differ from those of the State Human Rights If the harassment involves physical touching, coerced physical
have been sexually harassed by, for example, a landlord, teacher, or Law. For instance, sexual harassment complaints under the NYC HRL confinement, or coerced sex acts, the conduct may constitute a crime. If
service provider, you should consult with an attorney who can explain may only be brought against an employer with more than 4 employees. you believe you have been the victim of a crime, you should file a report
all the available options. at your local police department. However, the conduct need not be
criminal in nature to constitute unlawful gender-based discrimination.