Sexual harassment is a form of sex discrimination under most employment discrimination statutes in the U.S. New York City sexual harassment attorneys can bring claims under laws at three levels — federal, state, and city — depending on the circumstances of a particular case. A defendant can try to dispose of a case before it goes to trial by various means, including summary judgment. This is a type of judgment where a judge finds that no “material issues of fact” are in dispute. In February, a New York City court denied a motion for summary judgment in a sexual harassment lawsuit.
The New York City Human Rights Law (NYCHRL) prohibits discrimination in employment on the basis of gender, including sexual harassment. One type of sexual harassment claim alleges that unwanted sexual conduct was pervasive or severe enough that it created a hostile work environment and prevented the plaintiff from performing their job duties. The NYCHRL also bars employers from retaliating against an employee who reports unlawful discrimination.
When a defendant moves for summary judgment on a claim under the NYCHRL, courts apply a “burden-shifting analysis” established by the U.S. Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). If the plaintiff can show that they belong to a protected class, that they were qualified for their job, and that they suffered some adverse consequence because of their membership in the protected class, the burden of proof shifts to the defendant to show a nondiscriminatory reason for its action. The plaintiff may then have a chance to show that the employer’s reasons were a pretext for discrimination.