Gavel Insight

Understanding Sexual Harassment Claims in New York: Your Rights and How to Act Sexual harassment in the workplace remains a pervasive issue, despite decades of legal protections designed to prevent it. In New York, employees benefit from some of the strongest anti-harassment laws in the nation, offering broader protections than federal law. If you are experiencing or have experienced sexual harassment, understanding your rights and the legal pathways available is the crucial first step toward justice. What Constitutes Sexual Harassment Under New York Law? New York’s Human Rights Law (NYHRL) defines sexual harassment broadly, providing victims with robust avenues for relief. Unlike federal law (Title VII), the NYHRL does not require the harassment to be "severe or pervasive" to be actionable. Instead, the standard is that the conduct subjects an individual to "inferior terms, conditions or privileges of employment because of the individual's membe...

Understanding Your Free Speech Rights in New York In New York, your right to freedom of speech is a cornerstone of both federal and state law, yet violations remain a persistent concern. For anyone living or working here, understanding these fundamental protections and how they apply is crucial. Our legal system provides robust mechanisms to challenge infringements, but navigating them requires clarity and strategic action. The Core Principles: Federal and State Protections 🗣️ The First Amendment (U.S. Constitution): While a federal protection, it applies to states and local governments through the Fourteenth Amendment. This means that government entities, public officials, and other "state actors" in New York cannot infringe upon your right to speak freely. 🗽 New York State Constitution, Article I, Section 8: New York provides its own, sometimes broader, protections for free speech than the federal constitution. This additional layer ...

Understanding Murder Charges in New York: A Comprehensive Guide Navigating the complexities of criminal law, particularly when facing charges as severe as murder, can be an overwhelming and terrifying experience. In New York, murder is not a monolithic crime but rather encompasses several degrees, each with distinct elements and severe penalties. This article aims to demystify these charges, offering crucial legal insights for anyone potentially impacted, whether as an accused individual or a victim's family, within the New York legal landscape. What Constitutes Murder in New York? New York Penal Law categorizes homicide, the killing of one human being by another, into various offenses, ranging from manslaughter to different degrees of murder. The critical distinguishing factor for murder is typically the element of intent or a specific set of aggravating circumstances. Murder in the First Degree (New York Penal Law § 125.27) This is the most serious...

Understanding Retaliation Claims in New York: Your Rights and What to Do In New York, employees are afforded robust protections against workplace retaliation. This isn't just a legal theory; it's a fundamental right designed to ensure that you can speak up against unlawful practices, assert your rights, or participate in investigations without fear of negative repercussions. Unfortunately, retaliation remains a common, often insidious, challenge for many New Yorkers. If you believe your employer has taken adverse action against you because you engaged in a protected activity, understanding your rights and the legal avenues available is crucial. What Exactly Constitutes Retaliation Under New York Law? At its core, a retaliation claim in New York generally requires proving three key elements: ✅ Protected Activity: You engaged in an action protected by law. ✅ Adverse Action: Your employer took a negative action against you. ✅ ...