Local, state, and federal employment statutes protect New York City workers from discrimination and harassment. Laws like Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law (NYCHRL) view sexual harassment as a form of sex discrimination, and allow aggrieved individuals to file suit for damages. A lawsuit filed last year in federal court alleges a sequence of events that is familiar to New York City sexual harassment attorneys. The plaintiff claims that a supervisor subjected her to unwanted sexual remarks and advances, and that school administrators retaliated against her for reporting the harassment. Thomas v. N.Y.C. Dept. of Educ., et al, No. 1:18-cv-04459, complaint (E.D.N.Y., Aug. 7, 2018).
Title VII, the NYCHRL, and the New York State Human Rights Law (NYSHRL) prohibit discrimination in employment on the basis of sex, among other factors. See 42 U.S.C. § 2000e-2(a), N.Y. Exec. L. § 296(1)(a), N.Y.C. Admin. Code § 8-107(a). Various court decisions have identified sexual harassment as a form of sex discrimination under these statutes. One situation involves a hostile work environment in which “a man or woman [must] run a gauntlet of sexual abuse in return for the privilege of being allowed to work and make a living.” Meritor Savings Bank v. Vinson, 477 U.S. 57, 66-67 (1986), quoting Henson v. Dundee, 682 F.2d 897, 902 (11th Cir. 1982).
The plaintiff in Thomas states in her complaint that she began working for the New York City public school system as a teacher in 1988, and received tenure in 1996. She began working at a magnet school in Queens in 1998, where she “transitioned into a role as a Guidance Counselor.” Thomas, complaint at 4. The plaintiff identifies several individuals who served as principal of the school during her time there. She alleges that, until recently, she regularly received “positive and satisfactory formal and informal observations” from her supervisors. Id.