What can I do if I feel I am being harrassed at work?
Full Question:
On all my work place, (10 or more sites)I have been harassed by East Indians who would tell co-workers that I am a bad person in my country. They (co-workers) will try to entrap me by starting conversations that is demeaning and in some instances, have women come on to me. Is this a form of harassment?
11/10/2007 |
Category: Employment |
State: New York |
#11989
Answer:
The following are New York statutes:
§ 240.25 Penal. Harassment in the first degree.
A person is guilty of harassment in the first degree when he or she
intentionally and repeatedly harasses another person by following such
person in or about a public place or places or by engaging in a course of
conduct or by repeatedly committing acts which places such person in
reasonable fear of physical injury. This section shall not apply to
activities regulated by the national labor relations act, as amended, the
railway labor act, as amended, or the federal employment labor management
act, as amended.
§ 240.26 Penal. Harassment in the second degree.
A person is guilty of harassment in the second degree when, with intent
to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
Subdivisions two and three of this section shall not apply to activities
regulated by the national labor relations act, as amended, the railway
labor act, as amended, or the federal employment labor management act, as
amended.
§ 240.30 Penal. Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when,
with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise, by
telephone, or by telegraph, mail or any other form of written
communication, in a manner likely to cause annoyance or alarm; or
(b) causes a communication to be initiated by mechanical or electronic
means or otherwise with a person, anonymously or otherwise, by telephone,
or by telegraph, mail or any other form of written communication, in a
manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with no
purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to
physical contact, or attempts or threatens to do the same because of a
belief or perception regarding such person's race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or sexual
orientation, regardless of whether the belief or perception is correct; or
4. Commits the crime of harassment in the first degree and has previously
been convicted of the crime of harassment in the first degree as defined by
section 240.25 of this article within the preceding ten years.
Aggravated harassment in the second degree is a class A misdemeanor.
§ 240.31 Penal. Aggravated harassment in the first degree.
A person is guilty of aggravated harassment in the first degree when with
intent to harass, annoy, threaten or alarm another person, because of a
belief or perception regarding such person's race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or sexual
orientation, regardless of whether the belief or perception is correct, he
or she:
1. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and maintained for
purposes of religious instruction, and the damage to the premises exceeds
fifty dollars; or
2. Commits the crime of aggravated harassment in the second degree in the
manner proscribed by the provisions of subdivision three of section 240.30
of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or he
or she has been previously convicted of the crime of aggravated harassment
in the first degree within the preceding ten years; or
3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited as the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of the
owner or operator of such building or real property; or
4. Sets on fire a cross in public view.
Aggravated harassment in the first degree is a class E felony.
