New York City employment discrimination laws protect workers from adverse actions based on factors like sex, race, religion, sexual orientation, or gender identity or expression. Under federal, state, and city law, sexual harassment is viewed as a type of discrimination on the basis of sex or gender. Laws like Title VII of the Civil Rights Act of 1964 allow individuals to file suit against employers who have discriminated against them, or who have failed to take reasonable action to prevent a co-worker from discriminating against or harassing them. In April, a former officer with the New York City Police Department filed a federal lawsuit alleging sexual harassment under Title VII and several other statutes. The lawsuit names the city and five NYPD officers as defendants.
“Hostile work environment” is one type of sexual harassment recognized as unlawful sex discrimination. In order to prevail on a claim, a plaintiff must show that one or more people in the workplace engaged in unwelcome conduct that was either severe or pervasive enough to interfere with their ability to perform their job duties. Typically, they must show that a reasonable person would consider the conduct to be abusive, intimidating, or hostile beyond mere annoyance. Most hostile work environment claims involve ongoing behavior, but a single incident can support a hostile work environment claim, if it is especially severe.
The plaintiff in the lawsuit mentioned above alleges that a lieutenant, who is named as a defendant, “handpicked her” in February 2017 to work as his “Operator.” This job primarily involved driving him on patrol. She states that she felt he gave her “too much attention,” but did not complain out of fear of retaliation. While in the police vehicle, she claims that the lieutenant routinely made sexually suggestive remarks to her and asked her intrusive personal questions. This also allegedly occurred in the presence of other officers, but no one intervened.