When Hard Work Meets Harassment: Understanding Your Rights in Brooklyn’s Manufacturing and Warehouse Sector

Brooklyn’s industrial heartland employs thousands of blue-collar workers in manufacturing facilities and warehouses, where the demanding nature of the work environment should never include tolerating sexual harassment. Despite common misconceptions that crude behavior is simply part of “blue-collar culture,” in the city of Brooklyn, state and federal laws protect victims of sexual harassment. Title VII of the Civil Rights Act explicitly prohibits employment discrimination or harassment based on sex.

The Reality of Sexual Harassment in Blue-Collar Workplaces

Research reveals that sexual harassment is particularly prevalent in male-dominated industrial settings. A report from the US National Women’s Law Center revealed 88 per cent of female construction workers had also been sexually harassed. In manufacturing and warehouse environments, twenty-three percent of respondents felt they had been sexually harassed (thirty-six percent of the women and eight percent of the men).

The problem extends beyond individual incidents. Women in blue-collar jobs may face a wide range of additional stressors including increased physical strain if tools and work arrangements are not optimized for female anthropometrics; workplace-based sexual harassment and sex discrimination from managers and coworkers. This creates a compound effect where workers not only face harassment but also additional workplace challenges that can impact their mental health and job performance.

Debunking the “Blue-Collar Culture” Defense

Some employers attempt to justify harassment by claiming it’s part of workplace culture. However, courts have consistently rejected this defense. The trial court explained that a “blue-collar” workplace, “whatever that is supposed to mean,” does not serve as a “pass for sexist or offensive conduct in the workplace.” Nor does a “blue-collar” workplace “absolve an employer of fostering a workplace hostile for female employees.”

The union argued that there was no cause for discipline since the grievor’s conduct was consistent with the “blue collar culture” of the workplace (a mine) and the conversations amounted to no more than “locker room talk”. The arbitrator rejected this rationale – finding that there is a basic expectation that employees will not be subjected to harassment and bullying.

Understanding Your Legal Protections in New York

Brooklyn workers benefit from robust protections under multiple layers of law. Even at the city level, New York City’s Human Rights Law strictly prohibits sexual harassment, reaching smaller employers than the Civil Rights Act. Importantly, while federal laws require that harassment be “severe or pervasive,” Both New York State and New York City have eliminated that requirement from their Human Rights Laws.

Under New York law, harassment at work does not have to be severe or pervasive to be unlawful, and workers have up to three years from the time of a harassment incident to file a workplace sexual harassment claim with the Division of Human Rights. This expanded timeframe and lower threshold provide stronger protection for workers than federal law alone.

Types of Sexual Harassment in Manufacturing and Warehouse Settings

Sexual harassment in industrial workplaces can take many forms:

• Quid pro quo harassment occurs when a benefit of employment or protection from an adverse employment action is conditioned on an employee submitting to sexual advances. It can be perpetrated by an authority figure or a person in a position of power, such as a supervisor.
• Hostile work environment harassment is a type of sexual harassment that can be perpetrated by coworkers, supervisors, managers, customers, or clients. It can involve a wide range of conduct or comments that make the workplace abusive or hostile.
• This behavior can be verbal, physical or pictorial and can include: offensive sexual email content; unwanted pressure for dates; touching; questions about your sexual or dating life; pornography in the workplace; and/or sexual gestures or comments.

Steps to Take if You Experience Harassment

If you’re experiencing sexual harassment in your Brooklyn workplace, take these important steps:

• Document every incident in detail, including dates, times, and witnesses if possible. This documentation will be essential if you choose to take legal action.
• Report the harassment to your supervisor or human resources department per your company’s policies.
• If your employer is your harasser, or you do not trust how your employer will react, you may contact the New York State Division of Human Rights (NYS DHR). NYS DHR can take complaints and investigate.
• Consider consulting with an experienced attorney who understands the complexities of workplace harassment law

The Importance of Legal Representation

Navigating sexual harassment claims requires expertise in employment law, particularly given the multiple jurisdictions and varying standards that may apply. If your complaint is not addressed adequately or you face retaliation, contact an attorney familiar with New York and Brooklyn employment laws for guidance.

When seeking legal representation, it’s crucial to work with a firm that understands both the legal landscape and the unique challenges facing blue-collar workers. The Howley Law Firm, located in Manhattan and serving Brooklyn workers, brings decades of experience to employment law cases. We focus on representing individuals in the areas of employment rights in New York and whistleblower rewards nationwide. With two experienced attorneys and a keen eye for quality, our small law firm is able to dedicate more one-on-one time to our hand-picked clients.

Whether we are representing an individual client in a sexual harassment case, or hundreds of clients in a prevailing wage class action, we are dedicated to giving you the same high-quality, aggressive representation that corporations get at large law firms. For workers facing harassment in Brooklyn’s manufacturing and warehouse sectors, having a sexual harrassment lawyer Brooklyn, NY who understands both the law and the workplace dynamics is essential.

Employer Obligations and Training Requirements

Employers who had 15 or more employees, or one or more domestic worker, at any given point in the previous calendar year must provide a sexual harassment training to their staff. Your employer is now required to establish a sexual harassment policy that meets minimum standards, and to provide a complaint form for their employees. The Department of Labor, in consultation with the Division of Human Rights, has provided with a model policy and complaint form to adopt or use as a guide in creating their own materials.

Protection Against Retaliation

Workers who report harassment are protected from retaliation. According to the New York City Commission on Human Rights, it is illegal for an employer to take action against an employee because the employee opposes or speaks out against sexual harassment in the workplace. Such retaliation can manifest through direct actions, such as demotions or terminations, or more subtle behavior, such an increased workload or being transferred to a less desirable location.

Moving Forward: Creating Safer Workplaces

Brooklyn’s manufacturing and warehouse workers deserve safe, respectful work environments free from sexual harassment. Still, more than one-third of all working women say they have experienced sexual harassment at work. If you are being harassed by a co-worker or supervisor in your workplace, it is important to know your rights.

The law provides strong protections, and experienced legal representation can help ensure those protections are enforced. Our lawyers have helped clients recover millions of dollars for sexual harassment, discrimination, and unpaid wages. Call us today to find out how we can help you. Remember, we understand that more than your legal rights are at stake. You also need to protect your reputation and your career.

No worker should have to choose between earning a living and maintaining their dignity. Brooklyn’s blue-collar workers have the right to harassment-free workplaces, and the law provides the tools to enforce that right.