Sexual Harassment Category Archives — New York Employment Attorney Blog Published by New York Employment Lawyers

April 29, 2022

Federal Law, New York State Law, New York City Law, and the Differences as They Relate to Sexual Harassment and Sex Discrimination

A recent ruling in a case involving female servers at a Brooklyn diner is important and instructive for several reasons. Not the least of which is that it reminds readers that the standards for proving sex discrimination or sexual harassment are different under the New York City Human Rights Law as opposed to state or federal law. Understanding the differences between the NYCHRL, the New York State Human Rights Law, and federal law can be crucial to your sex discrimination or sexual harassment case, so make sure that, before you file, you retain the services of an experienced New York City sex discrimination lawyer.

During her time working at the diner in Brooklyn, B.S. allegedly endured a variety of gross sexual improprieties and impositions. According to the server’s sexual harassment complaint she filed in federal court, her male supervisor once followed her into the women’s restroom, where he “cornered” her and exposed himself to her. On another occasion, that man allegedly asked B.S. to touch his genitals.

Unfortunately, the harassment was not limited to that supervisor. Other male workers at the diner allegedly touched the woman “in sexually inappropriate ways” and also would “leer and jeer at her in a sexual manner.” The server complained to other supervisors but, according to the lawsuit, they simply laughed at her. Not long after that, the diner fired B.S.

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

by Phillips & Associates

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.

February 21, 2022

Sexual Harassment in the ‘Adult Entertainment’ Industry and Performers’ Legal Options Here in New York

by Phillips & Associates

Sexual harassment is never OK. It’s not just wrong, it’s also against the law when it happens at work. Those truths don’t change based upon what you do for a living. While the fine details of what does or does not constitute a hostile workplace might shift slightly based upon your type of employment, you’re entitled to be free from sexual harassment on the job no matter what you do. If your work experience includes sexual harassment, don’t think that simply must tolerate it. Instead, reach out to an experienced New York City sexual harassment lawyer.

The laws against sexual harassment apply to the strip club industry, but these jobs are often rife with sexual harassment and sexual assault. A 2019 article from the New York Times cited a study that showed the vast majority of exotic dancers surveyed had experienced sexual assault and/or sexual harassment at work. While the women surveyed danced in Portland, Oregon, it is reasonable to imagine that a study of New York City dancers would reveal roughly similar results.

Recently, a dancer at a Queens club sued — and won compensation — based upon the sexual harassment she endured.

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.

January 10, 2022

A New York Lawsuit Again Puts a Spotlight on Sexual Assault and Sexual Harassment in the Fashion Industry

by Phillips & Associates

New York City is undeniably one of the primary centers of high fashion. Amidst the glamour and beauty is an uglier side, which is the sexual harassment and abuse that many workers in the industry endure. Many harassment victims are young and relatively naïve and inexperienced, while their harassers are wealthy, powerful, and very well-connected, making not just sexual harassment but also retaliation for opposing harassment ever-present risks. However, with an experienced New York City sexual harassment lawyer advocating for you, you have the potential to fight back, win, and hold your harasser accountable.

Sexual harassment and misconduct in the fashion industry have again been in the headlines recently. The spark for one recent round of stories of sexual misconduct was a Summer 2021 lawsuit filed here in New York. The plaintiff was model and actress Carré Sutton, who was known as Carré Otis in her earlier modeling days.

The woman’s lawsuit asserted that, Gerald Marie, the European head of the modeling agency that employed her sexually assaulted and raped her on repeated occasions. The agency head also allegedly trafficked her to other wealthy, powerful men, including an unnamed Italian billionaire, according to a New York Post report.

December 16, 2021

Seeking Justice and Safeguarding Privacy: When You Can Use a Fictitious Name to Litigate Your New York Sexual Harassment Lawsuit

by Phillips & Associates

Because sexual harassment actions are inherently intertwined with issues of sex and sexuality and almost always involve a worker who was victimized in a highly intimate way, a victim may feel torn between pursuing justice and protecting her privacy. Fortunately, though, there may be an option for those who have endured workplace sexual harassment to both hold accountable those responsible and safeguard her privacy. Doing so may require the deployment of a unique set of civil litigation tools, which is why you should make sure you have an experienced New York City sexual harassment lawyer handling your case.

A sexual harassment case making its way through the New York courts right now is an example of this. The worker who suffered the alleged harassment was, at the time, a 22-year-old woman who had just graduated college and had never before held a professional job when she started working in the marketing department of a business and finance publisher in September.

According to the complaint, the woman’s direct supervisor began harassing her just a few weeks into her employment by making unwanted advances. By January, the harassment had allegedly escalated to unwanted touching and inappropriate emails and messages. By February, the harassment escalated to drugging and raping the woman, with a second rape occurring one month later, according to the lawsuit.

December 8, 2021

Sexual Harassment and Gender Discrimination in Gaming Workplaces, and What It May Mean for You in New York

by Phillips & Associates

Women across almost all career fields have experienced sexual harassment. Recent news reports appear to indicate that, in many of the tech fields, workplaces are especially rife with sexual harassment. Whether you are a woman in a STEM field working in a workplace heavily dominated by men or you work in a place where the vast majority of employees are women, you are not immune from sexual harassment on the job. If that has happened to you, do not delay in getting in touch with a knowledgeable New York City sexual harassment lawyer.

Many people are familiar with the social media hashtag #gamergate, which refers to incidents of women in the gaming community being targeted for harassment and discrimination because of their gender. That problem of harassment and discrimination against women within the world of gaming, based on recent reports, extends beyond just online communities and also includes gaming workplaces.

One of the more recent examples of this problem within the field of gaming was a company based in Southern California. The alleged sexual harassment was so widespread that the California Department of Fair Employment and Housing (DFEH) undertook a two-year investigation and, based on what the department found in that investigation, brought a lawsuit against the company this past summer, Slate reported.

November 30, 2021

A New York City Professor Secures an Important Victory in Her Federal Sexual Harassment Lawsuit Against Her Employer and Her Former Supervisor

by Phillips & Associates

Few workplace relationships will impact your job more than your relationship with your immediate supervisor, which is why few situations are more intimidating and stressful than when your supervisor sexually harasses you. It is for this reason that the law erects a special rule of employer liability for situations where your harasser was also your supervisor. With a skilled New York City sexual harassment lawyer on your side, your supervisor sexual harassment case may allow you to recover substantial compensation.

Of course, workplace roles are often fluid and your supervisor last year may not be the same person as your supervisor this year. So, you may wonder, what happens if my harasser was my former supervisor? A recent sexual harassment case from here in New York City looked directly at that question.

In that lawsuit, the alleged victim of harassment was S.D., a “black female of African national origin” who began working for a college in New York City in 2005. In 2014, while working on her Master’s thesis, S.D. sought the assistance of C.A., a professor in the college’s Africana Studies department.

November 23, 2021

A New York City Worker’s Case Against a Supervisor’s Unwelcome ‘Hands On’ Conduct and Comments Survives Summary Judgment

by Phillips & Associates

Statistical research has clearly shown that sexual harassment is widespread in the restaurant and foodservice industry. Of all Equal Employment Opportunity Commission claims, more than one-third (37%) are claims submitted by restaurant workers. Certainly, one of the factors fueling that number is the financial insecurity many food service workers live with, but don’t let that stop you from speaking up if you’ve been harmed by sexual harassment. Instead, reach out to a knowledgeable New York City sexual harassment lawyer today and find out what legal steps you may be able to take.

M.W. was a food service worker who, according to his lawsuit, endured some very demeaning and terrible forms of sexual harassment during his time working at the Freedom Tower in Manhattan. The Brooklyn man alleged that the perpetrator of his sexual harassment was his supervisor.

Sexual harassment can occur in multiple forms, including unwelcome touching and inappropriate comments or jokes. M.W. allegedly endured both forms of harassment.

November 16, 2021

A New York State Trial Judge’s Secretary Alleges ‘Quid Pro Quo’ Sexual Harassment that Went on For Years

by Phillips & Associates

Everyone in New York has the right to earn a living and to do their jobs without their workplace fates controlled by what they will or won’t do sexually for their bosses. If you’ve had your pay, your rank, your hours, your assignments, or your continued employment made conditional on the provision of something sexual, then that very possibly is illegal sexual harassment and you may be entitled to recover substantial compensation as a result. To find out the range of legal options that exist for you, reach out to a knowledgeable New York sexual harassment lawyer right away.

“Quid pro quo” sexual harassment, at its center, is rooted in power dynamics. One person, recognizing that he/she holds a position of great power and influence generally or, at least, greater power and influence than another worker, wields that influence (or threatens to use it) to extract sex from the less-powerful party. That less-powerful person perhaps acquiesces because they fear the economic ramifications of losing their job and/or being “blackballed” from getting another job. In other words, they acquiesce because they feel powerless.

The allegations made in a recent sexual harassment complaint from upstate make for a classic example of “quid pro quo” harassment. According to the alleged victim, who was a secretary for a trial court judge, the harassment began almost as soon as the judge took office, and went on for years.