Sexual comments? Inappropriate touching? Sexual advances? Requests for sexual favors? Unwelcome sexual advances? Employees have a right to a workplace environment free from sexual harassment.

SEXUAL HARASSMENT

- Subjected to unwanted sexual attention?
- Inappropriate text messages or emails?
- Being touched?
- Jokes about your appearance?
- Pressured or forced to have sex to keep your job?
- Exposed to pornography against your wishes?
- Subjected to retaliation for complaining about sexual harassment?

These are only a few examples of things that can lead to sexual harassment in the workplace. If you have been subject to sexual harassment, you may have a legal claim under federal, New York State, and/or New York City Human Rights Law. The attorneys at PHILLIPS & ASSOCIATES can help explain and protect your rights.

Verbal or physical conduct that creates an offensive or sexually charged working environment is illegal. Harassment be from a boss or a co-worker. It can occur between employees of the same or different sex.

The law recognizes two forms of sexual harassment: quid pro quo and hostile work environment:

Under the Quid Pro Quo form of sexual harassment, an authority figure demands sexual favors from a subordinate with the implicit or explicit threat of adverse job-related decisions, including hiring, firing, promotion, salary, assignment, location, or performance standards. (Quid pro quo is a Latin phrase meaning this for that.)

Under the Hostile Work Environment form of harassment, sexual conduct in the workplace interferes with an individuals job performance or creates an intimidating, hostile, or offensive working environment. The sexual conduct can consist of sexually explicit speech, sexually explicit images, or unwanted romantic attention. Harassment by any coworker, regardless of job title, relative level of authority, or membership in a protected category, is against the law.

If you believe you are the victim of workplace sexual harassment, please contact PHILLIPS & ASSOCIATES for a free consultation.

PREGNANCY DISCRIMINATION Do you have children? Do you plan to have children? Do you use birth control? If you get pregnant, will you come back to work after maternity leave? Are you going to keep the baby? Is this your maiden name?

If you have been subject to pregnancy discrimination, you may have a legal claim under federal, New York State, and/or New York City Human Rights Law. The attorneys at PHILLIPS & ASSOCIATES can help explain and protect your rights.


PREGNANCY DISCRIMINATION ACT

According to the Pregnancy Discrimination Act (PDA), women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other employees for all employment purposes.
-A woman cannot be fired, denied employment, demoted, deprived of benefits, or required to take a leave (unless able to perform her job) due to her pregnancy status.
-An employer cannot refuse to hire a woman because of its prejudices about pregnant workers or the prejudices or coworkers, clients, or customers.
-An employer may not subject pregnant workers to special screening procedures to determine ability to perform a job.
-Male employees may also have claims under the PDA for discrimination on the basis of a wife™s pregnancy status.

FAMILY MEDICAL LEAVE ACT (FMLA)

According to the Family Medical Leave Act (FMLA), qualified employers must allow workers who have taken a leave because of pregnancy, childbirth, or childcare duties to return to their former (or an equivalent) position.
-Pregnancy is treated as a temporary disability under the law.
-Employers must give pregnant employees the same benefits that they give to other employees with temporary disabilities: providing modified tasks, alternative assignments, disability leave, or leave without pay.
-Employers must hold open a job for a pregnancy-related absence for the same length of time jobs are held open for employees on sick or disability leave.
-Pregnant employees must be permitted to work or return to work as long as they are able to perform their jobs.

Your pregnancy should be a wonderful experience. You should not have to worry about losing your job at such a precious time. If you feel you have experienced pregnancy discrimination, speak with an attorney to understand your employment rights.