Breaking Down Barriers: How Brooklyn’s Immigrant Workers Can Fight Sexual Harassment Despite Language Obstacles
Sexual harassment in the workplace affects all workers, but for Brooklyn’s diverse immigrant community, the challenges of seeking justice are compounded by language barriers, fear of retaliation, and complex legal systems. Sexual violence and harassment in the agricultural workplace are fostered by a severe imbalance of power between employers and supervisors and their low-wage, immigrant workers. Victims often then face systemic barriers—exacerbated by their status as farmworkers and often as unauthorized workers—to reporting these abuses and bringing perpetrators to justice. Understanding your rights under New York employment law is crucial, regardless of your immigration status or English proficiency.
The Hidden Crisis: Language Barriers Create Additional Vulnerabilities
Language barriers and well-founded fears of retaliation, such as the fear of losing work authorization make reporting sexual harassment particularly challenging for immigrant workers. Indigenous workers tend to be younger, more recently arrived, and poorer than other immigrant farmworkers, with less education and less English-speaking ability. Social service agencies are often unaware that these workers speak a different language and have a different cultural background than other Latino immigrants. Thus, indigenous workers face additional barriers to reporting abuses and violations.
The impact of these barriers is devastating. When the police came, they spoke only English and Spanish, and interviewed her with the perpetrator in the same room. Because she was afraid and unable to communicate, she said she had not been raped. This tragic example illustrates how language barriers can prevent victims from accessing justice even when they attempt to report crimes.
New York’s Strong Legal Protections Apply to All Workers
Despite these challenges, both international human rights law and US law state that all workers, regardless of immigration status, have the right to protection from sexual harassment and other workplace abuses, as well as the right to redress when such abuses occur. US law specifically prohibits workplace sexual harassment as a form of employment discrimination under Title VII of the Civil Rights Act of 1964, and criminal laws prohibiting sexual violence are meant to protect all victims, including unauthorized immigrants.
New York has strengthened these protections significantly. The Act is a comprehensive legislative package aimed at addressing and preventing sexual harassment in the workplace, into law. Included in the package is an expansion of the City Human Rights Law in cases of gender-based harassment to increase the statute of limitations from one year to three years and expand protections to all employees, regardless of the size of their employer. Extending the SOL will advance workers’ access to justice, regardless of their means, their immigrant status, or other barriers they may face to early reporting.
Overcoming Language Barriers in Legal Proceedings
New York law recognizes the importance of language access in discrimination cases. Under New York law, settlements of employment discrimination claims can only include the conditions of confidentiality if it is the complainant’s preference and agreements regarding nondisclosure must be “in writing to all parties in plain English, and, if applicable, the primary language of the complainant.” This requirement ensures that immigrant workers understand their rights and any agreements they enter into.
Additionally, all employers in the City are required to conspicuously display sexual harassment prevention notices in both English (Legal size, Letter size) and Spanish (Legal size, Letter size) and distribute a factsheet (English, Spanish) to individual employees at the time of hire which may be included in an employee handbook.
Practical Steps for Immigrant Workers Facing Sexual Harassment
If you’re an immigrant worker experiencing sexual harassment in Brooklyn, here are important steps to protect yourself:
- Document all incidents in writing, including dates, times, witnesses, and what happened
- Report the harassment to your employer through their internal complaint process if one exists
- Keep copies of all workplace policies and communications
- Seek support from community organizations that provide services in your language
- Contact an experienced employment attorney who understands immigrant workers’ unique challenges
The services are provided regardless of legal status, age, income, language, sexual identity, and gender identity, ensuring that help is available to all workers who need it.
Finding the Right Legal Representation
When seeking legal help for sexual harassment, it’s essential to work with attorneys who understand both employment law and the unique challenges facing immigrant communities. The right sexual harrassment lawyer Brooklyn, NY will have experience navigating language barriers and immigration concerns while aggressively pursuing justice for their clients.
Look for law firms that demonstrate a commitment to individual representation and have a track record of success in employment cases. Our lawyers have helped clients recover millions of dollars for sexual harassment, discrimination, and unpaid wages. The best attorneys will take time to understand your situation, explain your options clearly, and fight for the compensation and justice you deserve.
Your Rights Don’t Depend on Your Immigration Status
It’s crucial to understand that your right to be free from sexual harassment exists regardless of your immigration status. Visa status, a lack of knowledge of local laws and language barriers can all make migrants more vulnerable to workplace precarity. Unscrupulous employers may exploit these known vulnerabilities to extract favours and take advantage. However, the law is designed to protect you from this exploitation.
Although the EEOC reported a “drop” in sexual harassment charges since 2001, studies have shown that over 65 percent of people harassed never report it. Don’t let fear or language barriers prevent you from seeking the justice you deserve.
Moving Forward: Breaking the Cycle of Silence
Sexual harassment thrives in silence and isolation. By understanding your rights, documenting incidents, and seeking appropriate legal help, you can break this cycle. The NYC Human Rights Law protects all individuals against discrimination based on gender, which includes sexual harassment in the workplace, in housing, and in public accommodations like stores and restaurants. Sexual harassment is unwelcome verbal or physical behavior based on a person’s gender and can include unwanted touching; offensive and suggestive gestures or comments; asking about a person’s sex life or making sexualized remarks about a person’s appearance; sexualizing the work environment with imagery or other items; or telling sexual jokes.
Remember that seeking help is not just about your individual case—it’s about creating safer workplaces for all immigrant workers in Brooklyn. With strong legal protections, dedicated advocates, and growing community awareness, immigrant workers can overcome language barriers and fight back against sexual harassment. Your voice matters, your rights are real, and justice is possible.