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When Should an Attorney Get Involved In a Harassment Case?

Eric Sanders | April 18, 2011

When a line has been crossed, and innocent joking in the workplace has turned into harassment, attorney Eric Sanders says most people can feel it in their gut. A prominent NYC civil rights lawyer who practices at The Sanders Firm, P.C., Sanders says that most people intuitively know when their rights are being violated in the workplace.

Specifically, Sanders says that many of the clients he works with say that something is occurring at their office that just does not quite sit right in their stomachs. Although the majority of these people do not have the legal expertise to know whether or not their rights have actually been violated, Sanders says they know enough to call a civil rights lawyer in NYC for advice.

Sexual harassment in the workplace is not an issue that is always easy to identify. To get to the bottom of what is going on, and to determine whether a person’s rights are being violated from a legal point of view, Sanders says he begins by asking clients about their situation. Based on the problems at hand, Sanders says he will offer legal advice with respect to the client’s rights–assuming the person has any rights at that point.

Sanders emphasizes that just because a person does not think a particular joke or action is appropriate does not mean that the act is illegal. For example, a person could work for an employer who is completely obnoxious, but obnoxious behavior alone is probably not enough to warrant a sexual harassment lawsuit. Especially in New York State, Sanders says the fact that a person has a nasty boss does not mean that his or her rights are being violated. In order for a civil rights lawyer in NYC to get involved, a person’s complaints must have something do with a protected category such as gender, race, ability, age, national origin, or religion.

Because it is difficult for a person to discern whether the jokes and behavior she is facing on a daily basis are emotionally damaging enough to warrant a sexual harassment lawsuit, Sanders says it is always in a person’s best interest to contact an attorney for advice and guidance on these matters.

It is always smarter for a person to consult with a civil rights lawyer in NYC than to try to assert her rights on her own in the workplace. Most of the time, asserting rights without the support of an attorney goes nowhere, which is why Sanders says people need to get a professional involved if they think their rights are being violated by harassment in the workplace.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

About Eric Sanders

Eric Sanders is a civil rights attorney at The Sanders Firm, P.C. in New York City. Prior to becoming the owner and president of a new generation law firm that concentrates on civil service law and civil rights, Sanders was the Managing Attorney of Jeffrey L. Goldberg, P.C. He is a graduate of Adelphi University and St. John’s University School of Law who has been admitted to practice law in the New York State Courts, as well as the United States District Courts for the Eastern and Southern Districts. He has also appeared before the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights (NYSDHR), the NYPD Trial Room, and the New York City Office of Administrative Trials and Hearings (OATH).

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