Legal Question in Sexual Harassment in New York
What is considered to be the workplace?
I would like to know if a break room is considered to be part of the workplace. The alleged harassment occurred while the person was on lunch (off the clock) in the breakroom.
2 Answers from Attorneys
Re: What is considered to be the workplace?
The prohibition against sexual harassment applies to all aspects of the employment relationship, including the break room.
Sexual harassment is illegal under federal and state law. To preserve and protect your rights under these laws, you must first file a charge of discrimination with the federal law enforcement agency (Equal Employment Opportunity Commission or "EEOC") within 300 days from the date of the event you want to challenge.
If you live in upstate New York, contact the EEOC's Buffalo office at (800) 669-4000. There is also an EEOC office in New York City.
Good luck.
Re: What is considered to be the workplace?
Yes, harassment which takes place in the breakroom during lunch is "on the job" harassment. Contact your local EEOC to discuss the matter further. They can take a complaint, and will investigate it.
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