Hostile Work Environment Category Archives — New York Employment Attorney Blog Published by New York Employment Lawyers

April 8, 2022

‘Nearly Constant’ Sexual Advances by a Supervisor — and Retaliation For Rejecting Those Advances — Were Enough to Support a New York Worker’s Sexual Harassment Case

In this day and age, you might think that people in supervisory roles in the workplace would understand that the team members who work for them are not their dating pool. Regrettably, if you thought that, you’d often be proven wrong, as court dockets have no shortage of cases where exactly that sort of misconduct allegedly occurred. People go to work to achieve goals, get paid, and maybe make the world a better place, not to be “hit upon” or propositioned. If you have endured that kind of workplace, don’t think you simply have to put up with it. Instead, get in touch with a knowledgeable New York City sexual harassment lawyer to discuss your options.

J.F., a woman in her 30s, allegedly was one of those workers who endured that sort of sexual harassment. It began in March 2019, when she took a job as a merchandise coordinator with an e-commerce entity in New York City. Allegedly, the sexual harassment began almost immediately.

During the woman’s first week on the job, her male supervisor asked her a string of problematic questions, which included things like “are you a lesbian?” and “do you have cats?” The supervisor explained his question by opining that he “figured at your age that if there weren’t kids or marriage that there must be a cat in the picture,” according to the complaint.

March 24, 2022

Misogynistic Slurs and Hostile Work Environments in New York

by Phillips & Associates

An old proverb says that a “little knowledge is a dangerous thing.” In few areas is that more true than the law. Some non-lawyers fancy themselves knowledgeable in the law. They may have taken a seminar discussing an area of the law, they may even engage with the law semi-regularly at work, but they may still not know the law. Sometimes, the impacts of that are benign. Other times, especially when it comes to employment law, the effects most definitely are not. If you’re someone who had this kind of experience and suffered workplace harm as a result of it, do not delay in getting in touch with an experienced New York employment discrimination lawyer.

One of the latest examples comes from a hostile work environment case from here in the city. The plaintiff, M.G., worked at an employment agency in Brooklyn. One day, a male coworker swore at a female coworker. That included calling her the “B-word.” The female coworker complained to management.

A week and a half later, during a meeting that included M.G., the male coworker, and the CEO, the CEO indicated that the female coworker would be terminated. The CEO also decided to conduct an impromptu legal seminar, telling M.G. that a coworker could call her that B-word and that such conduct “was not discrimination.”

February 7, 2022

‘Just Kidding’ is Not a Defense to Sexual Harassment in the Workplace

by Phillips & Associates

For about as long as workers have endured sexual harassment on the job, others have tried to rationalize that harassment away. Not every actionable instance of sexual harassment is as obvious or clear-cut as a 1990s Michael Douglas-Demi Moore motion picture. People may try to trivialize your victimization as mere “jokes.” They may try to dismiss it as not valid because the harasser wasn’t trying to get sexual favors from you. Don’t listen to them. Instead, get the knowledgeable advice you need from a skilled New York City sexual harassment lawyer.

Two of the more common excuses used to try to sweep away sexual harassment is that either (a) it wasn’t harassment because the harasser’s inappropriate comments were just ordinary workplace jokes or teasing, or (b) it wasn’t sexual given the genders and the sexual orientations of the harasser and the victim.

These excuses don’t fly according to the law, as a recent federal court ruling in a hostile work environment case again reminds us.

September 30, 2021

Just Because You ‘Smiled Your Way Through’ Harassment at Work, That Doesn’t Mean You Cannot Pursue a Hostile Work Environment Lawsuit

by Phillips & Associates

On the job, you may have experienced something that was blatantly inappropriate, unacceptable, and wrong, but you may not instantaneously have spoken out. Even if you didn’t, and even if others thought you were “OK” with it, that doesn’t make it OK and doesn’t mean that you cannot use that improper conduct as the foundation of a hostile work environment lawsuit. If it has happened to you at your workplace, reach out to a knowledgeable New York hostile work environment attorney to discuss your legal options.

Have you ever found yourself in a situation where someone did or said something you found highly personally offensive? (We’re confident almost all readers are nodding “yes” right now.) Many of us may say or do nothing. “Unfriending” that guy you graduated high school with — the one who keeps posting memes mocking your ethnicity or your sexual orientation or your religion — would cost you little, but you fear the possible repercussions anyway. You somehow feel an innate urge not to “rock the boat.”

Now, imagine you were subjected to those offensive comments, not on Facebook, but at work. Repeatedly. You know the behavior is wrong and is hurtful to you. But you also know you need that job, and you fear the consequences if you speak out. Would you object, or would you gently smile and laugh (and hope it stops soon)? Whether you are the objecting kind or the laughing type, you may still potentially have experienced an actionable hostile work environment.

September 17, 2021

How You Can Present a Hostile Work Environment Case in New York if You Suffered Exactly One Incident of Sexual Harassment

by Phillips & Associates

Under federal law, you must prove that you suffered either “severe” or “pervasive” harassment to win a hostile work environment case. So, what happens if the harassment you endured was encapsulated in just one incident? Clearly, that’s not pervasive, but can it be severe? The answer is “yes, it can,” so don’t give up on your case just because you don’t have a long list of incidents of harassment. Instead, reach out to an experienced New York sexual harassment lawyer and find out what options exist for you.

The case of B.B., a clerical assistant with the New York Department of Sanitation, is a strong example of what a viable single-incident hostile work environment case looks like.

In 2014, the department reassigned B.B. to a garage in upper Manhattan. At the Manhattan garage, B.B. allegedly was the target of multiple sexually explicit comments about her body.

August 16, 2021

How Others With Shared Experiences May Be Able to Help You With Your Sexual Harassment Lawsuit in New York

by Phillips & Associates

In your federal lawsuit for workplace sexual harassment, one of the keys to getting the best possible result is making sure you get to put before the court all of your evidence, with none of it being stymied but a fallacious effort by the defense to exclude it. Another key is ensuring that you are successful in keeping out all of the defense’s evidence that, according to the rules, is inadmissible. Doing these things will strengthen your case and weaken the defense’s case, thereby giving you an enhanced opportunity for success. To maximize your ability to do all of these things, make sure that you have the representation you need from a knowledgeable New York sexual harassment lawyer.

Undeniably, the #metoo movement did a vital service in exposing the rampant and sometimes severe sexual harassment women endure in certain industries. As the New York Times pointed out back in 2018, though, modeling is an area where men experience an elevated frequency of harassment.

Regardless of your gender, the federal rules can be a powerful friend in your sexual harassment case. Consider, as a good example, the lawsuit of a male model currently proceeding in the Southern District of New York federal court.

May 20, 2021

The U.S. Supreme Court Refused to Hear a Case About the ‘N-Word’ and Hostile Work Environments… Here’s What That Means for You in New York

by Phillips & Associates

It is, perhaps, the most incendiary word in the English language today. But is a single utterance of the N-word enough to make for a successful hostile work environment claim under federal law? With the U.S. Supreme Court refusing to hear a Texas man’s case, the answer to that will remain varied based upon where you bring your case. Fortunately for Black workers here in New York, there are a multitude of legal avenues available if you’ve been on the receiving end of that word on the job. To learn more about your options, make sure you’re getting the knowledgeable advice you need from an experienced New York workplace discrimination lawyer.

The case the Supreme Court declined to take involved a Black man who worked at a Dallas hospital and who ostensibly was fired for insubordination. According to the worker, his was a hostile work environment and his employer actually fired him in retaliation for his complaining about that environment.

Allegedly, R.C.’s workplace was one where the “N-word” was scratched into an elevator and where the storage room he often used had two swastikas drawn on the wall. The trial court and the Fifth Circuit Court of Appeals said that the N-word graffiti and the swastikas were not severe or pervasive enough to make for a hostile work environment.

May 14, 2021

Professional Sports in New York and Sexual Harassment of Women in Male-Dominated Job Fields

by Phillips & Associates

Not too long ago, Pew Research Center published research findings that, for many women, were probably supremely unsurprising. While women experienced sexual harassment across a full range of workplaces, the research found that the problem was worst in male-dominated fields. Climbing the ladder and achieving success as a woman in a male-dominated field is hard enough; you shouldn’t also have to overcome the toxicity of sexual harassment, too. If you have experienced a work environment made hostile by sexual harassment, you do not simply have to “deal with it” because the field of work you chose is populated mostly by men. Instead, reach out to a knowledgeable New York sexual harassment lawyer and find out how you can take action.

According to the research released by Pew, about 1 in 5 women in gender-balanced workplaces and female-dominated workplaces experienced sexual harassment at work. For women in male-dominated workplaces, the percentage of workplace sexual harassment was notably higher, at 28%.

A recent report from the New York Daily News is one data point that appears to further back up those numbers. The New York Mets’ baseball organization was, according to multiple female employees, a workplace “toxic” from sexual harassment.

May 8, 2021

A Federal Lawsuit in New York Again Puts a Spotlight on Sexual Harassment Inside a Major News Network

by Phillips & Associates

We’ve almost all seen them. They’re the shows featuring some combination of men and women sitting around discussing the news, politics, or sports issues of the day. While everything may be all smiles on set, behind the scenes may tell a different story. Workplaces like these where people are required to spend long hours working closely together can be a breeding ground for sexual harassment. If you’ve suffered sexual harassment in your TV job, know that there are legal options out there for you. Reach out to a knowledgeable New York employment lawyer to learn more about the best ways to protect your career and yourself.

According to one on-air personality, hers was one of those hostile workplaces. The alleged harasser and the alleged victim were the two co-hosts of a “political entertainment” TV talk show. Both were known celebrities. The alleged victim, B.M., was a former reporter and desk anchor for a major sports network and the alleged harasser, G.M., was a former professional wrestler.

According to B.M., G.M. sent her multiple text messages commenting on her appearance and making overtly sexual comments and also made in-person comments of a similar nature. B.M. eventually reported the harassment to the executive producer of the pair’s TV show but allegedly was rebuffed.

April 30, 2021

New York Restaurant Settles Sexual Harassment Lawsuit Filed by EEOC

by Phillips & Associates

Sexual harassment often involves someone who takes advantage of their power over another person in the workplace, placing that person in a situation where they fear that speaking out would put their job at risk. New York City sexual harassment attorneys help people who feel like they cannot do anything about unwelcome sexual remarks, jokes, or overtures at work. Sexual harassment can happen in any workplace. That said, it often seems particularly common in certain types of businesses, particularly those with low wages and high rates of employee turnover. The restaurant industry has many accounts of managers who engage in all manner or objectionable activities. The Equal Employment Opportunity Commission (EEOC) recently announced that it had settled a sexual harassment lawsuit against a New York restaurant that involved such allegations.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex and several other factors. 42 U.S.C. § 2000e-2(a). Sexual harassment is included in Title VII’s definition of sex discrimination, according to numerous U.S. Supreme Court decisions starting with Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986). Unlawful sexual harassment under Title VII can take several forms, including unwelcome conduct in the workplace of a sexual nature that is pervasive or severe enough that a reasonable person would consider it to be a hostile work environment.

Congress created the EEOC to investigate alleged violations of Title VII and other federal employment statutes. See 42 U.S.C. §§ 2000e-4, 2000e-5. A worker with a complaint against an employer must file a charge with the EEOC before they may file a lawsuit in federal court. The EEOC will investigate the charge, and then decide whether it will pursue a civil action on the worker’s behalf. If not, it will issue a “right to sue” letter, which allows the worker to take their case to court.
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