Articles Posted in Hostile Work Environment

New York City pregnancy discrimination laws offer some of the most extensive protections to workers in the whole country. Federal law classifies discrimination on the basis of pregnancy as a form of sex discrimination. State and city law goes further, requiring employers to make reasonable accommodations for pregnant employees and employees with newborn children. The New York City Human Rights Law (NYCHRL) goes further still, requiring employers to provide private, sterile lactation rooms where workers can express breast milk, along with facilities for storing milk while at work. A class action filed in a Brooklyn federal court alleges that the police department failed to provide lactation facilities for employees as required by law. The lawsuit was filed more than a year ago and is in the process of seeking class certification.

Title VII of the Civil Rights Act of 1964 includes discrimination on the basis of pregnancy, childbirth, and related medical conditions in its definition of sex discrimination. The New York State Human Rights Law (NYSHRL) prohibits discrimination on the basis of familial status, which includes pregnancy, childbirth, and parenthood. It also states that an employer commits an unlawful discriminatory practice when they fail to provide reasonable accommodations for an employee’s pregnancy-related conditions.

A law passed by the New York City Council several years ago added provisions to the NYCHRL regarding accommodations for new parents who are nursing. Employers must provide a “lactation room,” defined as “a sanitary place, other than a restroom,” that is “shielded from view and free from intrusion.” N.Y.C. Admin. Code § 8-102. The room must include a power outlet, a place to sit, and a surface to place a pump and other items. It must be located near a sink or water fountain, and “in reasonable proximity to [an] employee’s work area.” Id. at § 8-107(22)(b)(i).

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Workers in New York City are protected by multiple antidiscrimination statutes. New York City sexual harassment lawyers can choose from federal, state, and local laws when determining how best to advocate for their clients’ rights. This includes employment laws like the New York City Human Rights Law and education laws like Title IX of the Education Amendments of 1972. Individuals who have endured sexual harassment may also be able to assert common-law claims based on negligence. Employers have significant incentive to maintain policies on harassment prevention, along with robust methods of enforcement. A news story reported in late 2020 demonstrates how employers can use employment policies to address complaints of harassment against employees in supervisory positions. The story involves a now-former museum curator accused by a former student of sexual harassment and bullying.

Sexual harassment is considered to be a form of discrimination on the basis of sex in two types of situations. First, a supervisor or manager cannot make sexual requests or demands of an employee when refusal could adversely affect the employee’s job. The threat to the employee’s job could be explicit, such as when a manager openly expects sexual contact with an employee in exchange for favorable shift assignments. It can also be more subtle than this, as long as there is a clear causal connection between the refusal of the demands and adverse consequences.

The second type of unlawful sexual harassment occurs when pervasive or severe sexual conduct in the workplace interferes with an employee’s ability to perform their job duties and creates what an objective observer would consider a hostile work environment. An employer must know about the objectionable conduct, or they must be in a position where they should know about it. If they fail to take reasonable measures to address the problem, they could be liable to the aggrieved employee.

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The COVID-19 pandemic has caused economic turmoil all over the country and the world. It has hurt restaurants more than many other kinds of businesses. The impact goes beyond the revenues of the restaurants themselves. Even without a pandemic, New York City sexual harassment lawyers see a substantial number of claims from workers in restaurants who rely on tips for much of their income. The problem seems only to have gotten worse when restaurants have been open this year. A report issued in early December by One Fair Wage (OFW), an organization that advocates for reform of wage laws affecting tipped employees, found substantial decreases in tips received by servers during the pandemic, along with an increase in incidents of sexual harassment. These two issues are closely related. Tipped workers’ reliance on tip income makes them particularly vulnerable to sexual harassment by supervisors, co-workers, and customers.

Laws like the New York City Human Rights Law, the New York State Human Rights Law, and Title VII of the Civil Rights Act of 1964 view sexual harassment as a type of unlawful discrimination on the basis of sex. Sexual harassment can occur in two general forms, both of which are unfortunately common in the restaurant industry. Quid pro quo sexual harassment takes place when a supervisor, manager, or another person with authority over an employee makes submission to sexual demands of some sort a condition of their employment. The other type involves pervasive or severe conduct of a sexual nature that is unwelcome and which a reasonable person would find to create a hostile work environment.

Under federal law and many state laws, including New York, employers are not obligated to pay tipped workers as much in cash wages as other employees. Instead, they must pay a lower minimum cash wage, with a “tip credit” for the difference between that amount and the regular minimum wage. Servers in New York City have a higher minimum wage than servers in the rest of the state, and state law sets a higher minimum wage than federal law.

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There are two sides to every story, as the saying goes. This is not usually true in the real world, but legal disputes are not like the real world. There are two sides in a lawsuit, each telling a different story. A plaintiff alleging sexual harassment will tell a story about misconduct in the workplace. The defendant’s story might include a denial that those events actually happened. At Phillips & Associates, our attorneys’ concern is making certain that our clients’ stories have evidence behind them. Asserting a claim for sexual harassment without enough evidence could result in the dismissal of one’s claims. It could also lead to liability for defamation, although this is a difficult claim to prove. A New York City federal court recently dismissed a defamation lawsuit filed by a former hedge fund manager accused of sexual harassment. The lawsuit targeted an online publication, not any of his accusers, but it illustrates how these two areas of law often intersect.

Employment statutes like the New York City Human Rights Law (NYCHRL) prohibit discrimination on the basis of sex, including sexual harassment. A sexual harassment complaint filed in court must include enough factual allegations to support a claim under the NYCHRL or another antidiscrimination law. The plaintiff will have the opportunity to tell their story as the case progresses, and the defendant will be able to present their version of events.

“Defamation” is a broad legal term that covers spoken false statements (slander) and written false statements (libel). Courts in the U.S. set a high bar for anyone alleging defamation. A defamation claim in New York requires proof, among other elements, that the statement in question was false and that it was made without any sort of legal privilege.

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Restaurants are regularly the site of unlawful sexual harassment all over the country and the world. New York City sexual harassment attorneys have seen countless scenarios in which managers and supervisors abuse their authority, or fail to rein in the offensive behavior of employees or customers. A lawsuit filed in September 2020 in a Manhattan state court alleges that a restaurant manager routinely harassed the plaintiff, who worked as a barista. This behavior persisted for two years, she claims, until the restaurant fired her, allegedly in retaliation for complaining. The complaint names the restaurant, its owner, and the manager as defendants.

Laws at the federal, state, and city level in New York City prohibit workplace discrimination on the basis of sex. This includes sexual harassment in situations where:
– Agreeing to sexual demands is a condition of employment, known as quid pro quo sexual harassment; and
– Unwelcome sexual remarks or behavior in the workplace are severe or pervasive enough that a reasonable person would find it offensive, known as a hostile work environment.

When someone in an executive or managerial position is the alleged harasser, the employer may be vicariously liable for their actions. Otherwise, the employer must have known, or been in a position where they should have known, about the offensive conduct, and they must have failed to make reasonable efforts to resolve the situation.

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Sexual harassment in New York City’s film and television industry has received a great deal of attention in the past few years. That conversation has allowed people from nearly every walk of life to come forward about their own unfortunate experiences. Several recent news reports suggest that the sports world is having its own reckoning. New York City sexual harassment attorneys had a landmark victory about thirteen years ago, in a case involving the city’s professional basketball team. In 2020, allegations have come to light involving a player for the city’s Major League Soccer (MLS) team. Around the country, lawsuits and other claims have arisen in connection with both college and professional football.

Laws that prohibit discrimination on the basis of sex cover sexual harassment in certain situations, such as when unwelcome sexual conduct creates a situation that a reasonable person would find to be a hostile work environment. At the federal level, Title VII of the Civil Rights Act of 1964 protects employees against such behavior, but not everyone working in sports, or many other sectors of the entertainment industry, is an “employee” in a legal sense. Both the New York City Human Rights Law and the New York State Human Rights Law expressly extend their protections to interns. See N.Y. Exec. L. § 296-c, N.Y.C. Admin. Code § 8-107(23).

During the summer of 2020, New York City’s professional soccer team announced that it was opening an investigation into allegations of sexual harassment by a former player. The allegations came from a former intern for the team, who posted them to the social media platform Twitter. She reportedly described how she thought the internship was “the opportunity of a life time” at first, but then alleged that it turned into the player “touching me every f—ing day and my bosses thinking it was great comedic material.” The player issued a statement denying the allegations. It does not appear that the former intern has pursued formal legal action yet.

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Filing a sexual harassment lawsuit requires putting highly unpleasant allegations on paper, and then filing them in the public record. People of all genders have felt able to come forward in the past few years with accounts of sexual harassment in the workplace and elsewhere. Some people bring legal claims, while others tell their stories to the media. A few alleged harassers have responded with legal claims of their own, often focusing on alleged falsehoods in their accusers’ stories. Parties on both sides of New York City sexual harassment claims sometimes bring defamation claims against their opponents. Defamation is a personal injury claim alleging that a defendant made a false statement about the plaintiff that resulted in financial harm. The New York Legislature passed a law this summer that targets defamation lawsuits intended not to recover damages for actual losses, but to silence people by threatening them with expensive litigation. These are often known as “strategic lawsuits against public participation, or “SLAPPs,” and they sometimes appear in response to sexual harassment claims.

A sexual harassment complaint must provide enough information about the alleged behavior to enable the court, the defendant, and others to understand the nature of the plaintiff’s claims. Sexual harassment is a type of sex discrimination under both New York and federal law. A plaintiff must demonstrate that one or more people in the workplace engaged in hostile or harassing behavior based on sex. This may include, for example, unwelcome sexual conduct or remarks that are either pervasive or severe enough that a reasonable person would find that it created a hostile work environment.

A plaintiff’s complaint must set forth the type of behavior that led to their claims. This often includes direct accusations of harassment against one or more individuals. As a case progresses, a plaintiff must continue to gather and present evidence for their claims.

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The restaurant industry presents some of the most egregious examples of workplace sexual harassment in the country. New York City sexual harassment attorneys handle claims arising in nearly every part of the economy, so the problem is not at all limited to that industry. Restaurants seem to present many of the circumstances in which harassment often thrives. Servers may depend on supervisors to assign them good shifts, and then they depend on customers for tip income. Some restaurants foster environments where, even if servers and other employees are not overtly sexualized, sexual banter is tolerated or even encouraged. A lawsuit filed this summer in a New York City state court alleges many of the most egregious situations found in restaurant sexual harassment cases. The plaintiff’s complaint describes ongoing harassment by both employees and customers of the restaurant.

Under laws like the New York State Human Rights Law and Title VII of the Civil Rights Act of 1964, sexual harassment is considered a type of sex discrimination. The law recognizes two broad categories of sexual harassment: hostile work environment and quid pro quo harassment. A hostile work environment claim arises when unwelcome sexual conduct in the workplace is so pervasive or severe that it interferes with someone’s ability to perform their job duties. A single incident can support a hostile work environment claim if it is severe enough, although this is a difficult burden of proof to meet. Most claims alleging a hostile work environment involve ongoing verbal or physical harassment.

Quid pro quo sexual harassment occurs when an employee must give in to some sort of sexual demand as part of their job or in order to obtain a job. In the film and television business, the term “casting couch” refers to the practice of producers or directors giving a role to whoever is most agreeable to such demands. In the restaurant business, it often occurs when a manager or supervisor expects sexual favors in exchange for the best shift assignments or other perks.

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Mandatory arbitration provisions are an increasingly common feature in many kinds of contracts, including employment contracts. Arbitration is a form of alternative dispute resolution that resembles a trial in many ways. It offers certain advantages over litigation, but it is often disadvantageous for employees. New York State law does not allow employers to enforce mandatory arbitration clauses in discrimination claims, including sexual harassment. A New York City court recently denied an employer’s attempt to do exactly this. It rejected the employer’s argument that federal law preempts the New York law. This conflicts with a 2019 decision by a federal judge in the Southern District of New York, which could be an issue in the pending appeal.

Sexual harassment is considered to be a form of unlawful discrimination on the basis of sex in two situations:
1. When acquiescence to sexual demands is a condition of employment, known as quid pro quo sexual harassment; or
2. When unwelcome sexual conduct is so severe or pervasive that it creates a hostile work environment.
In 2018, the New York Legislature enacted a law, codified as § 7515 of the New York Civil Practice Law and Rules, prohibiting “mandatory arbitration to resolve any allegation or claim of discrimination” under the New York State Human Rights Law or other employment antidiscrimination statutes.

The plaintiff in the state court lawsuit filed suit in April 2019 for sexual harassment and retaliation under state and city law. She alleges that the employer, a multinational fashion and luxury goods company, “did everything it could to bury the problem,” and that it tried to “convince [her] that the harassment was just a byproduct of being an attractive woman who works at a company with a French culture, and thus should simply be tolerated.”

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Sexual harassment occurs whenever someone abuses their authority in the workplace to try to coerce someone into some kind of sexual activity, or whenever one or more people subject someone to an unwelcome and hostile work environment based on sex. New York City sexual harassment attorneys routinely bring lawsuits on behalf of workers who have experienced these types of misconduct. The New York Attorney General (AG) is also taking a role in fighting against workplace sexual harassment under state, federal, and city law. The AG’s office announced this summer that it had concluded an investigation into allegations of sexual harassment and retaliation at a Long Island construction company. It also stated that it had reached a settlement agreement with the company, in which the company will pay $1.5 million in damages.

A legal claim for sexual harassment can arise from specific acts or patterns of conduct by individual employees, as well as from systemic failures by an employer that allow sexual harassment to persist in a workplace. Claims alleging a hostile work environment often require proof not only that an employee faced unwelcome conduct of a sexual nature that was either pervasive or severe, but also that the employer knew or should have known about the problematic behavior and failed to take reasonable actions to address it.

Since October 2018, state law has required employers to provide sexual harassment prevention training for all of their employees. Employers may use a model training program developed by the state, or they can use their own as long as it meets certain minimum standards.

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