The past few years have brought many accounts of sex discrimination, frequently including sexual harassment, in the media, entertainment, and tech industries. New York City sexual harassment attorneys often hear about sexual harassment in these workplaces. We are familiar with the way some media and tech companies can foster work environments that either allow or ignore sexual harassment. Companies in both tech and entertainment have been described as “boys’ clubs,” with work environments that significantly disadvantage and exclude women. A prominent video game company recently announced that it has settled a putative class action brought by current and former female employees alleging widespread sexual harassment, among other claims. The settlement includes $10 million in damages to be paid to class members.
Sexual harassment constitutes an unlawful form of sex discrimination under laws like the New York City Human Rights Law in two types of scenarios. Quid pro quo sexual harassment occurs when a supervisor or manager demands sexual activity or contact in exchange for getting a job, keeping a job, or obtaining some other sort of employment-related benefit. The “casting couch” is a well-known example, in which an individual auditioning for a role is expected to have sex, or something similar, with a director or producer in order to get the part. Another example involves a restaurant manager who only gives the best shift assignments to servers who submit to sexual demands.
The other scenario in the legal definition of sexual harassment occurs when pervasive, unwelcome conduct of a sexual nature creates a hostile work environment. A single incident can support a hostile work environment if it is severe enough. Most hostile work environment claims involve multiple acts, such as ongoing remarks or jokes of a sexual nature, which a reasonable person would expect to cause offense and interfere with a professional workplace.