Recently, there have been multiple accusations of sexual misconduct against some of the world’s most powerful and famous people, including Harvey Weinstein, Louis C.K., and Matt Lauer. These accusations demonstrate instances of sexual misconduct in the workplace where a person of authority uses his or her position to make unwanted sexual advances or sexual requests in exchange for something. Any form of direct or indirect unwelcomed or inappropriate conduct results in a hostile work environment. Some examples of the most common types of sexual misconduct that result in a hostile work environment include:
- Inappropriate sexual photos in the workplace;
- Inquiring about a person’s sexual preference or any other question related to sex;
- Sending pornographic pictures to colleagues;
- Unwelcomed advances, including touching or rubbing;
- Sending suggestive emails or other communications
- Sexual jokes; and
- Inappropriate gestures or starring.
Though society may act as the court of public opinion, these powerful people have faced limited consequences within the judicial system for their wrongful conduct. However, the legal system provides opportunities for those that are a victim of sexual misconduct to be compensated for the harm he or she experienced. While the criminal punishment for sexual misconduct examines the seriousness of the wrongdoing and the perpetrator’s intent, the civil component seeks to make a victim whole from the harm caused by the perpetrator’s wrongdoing.
Under Title VII of the Civil Rights Act of 1964, sexual harassment is prohibited because it is a form of gender discrimination. In accordance with the law, a sexual harassment claim may be filed with the following agencies:
- Equal Employment Opportunity Commission (EEOC);
- New York State Division of Human Rights; and
- New York City Commission on Human Rights.
While New York does not tolerate employment discrimination and harassment, it does have a three-year statute of limitations to file a lawsuit, which means that victims of sexual misconduct must act before their claim is barred.
If you believe you have been a victim of sexual misconduct by your employer or have been wrongfully terminated, contact an experienced New York employment law attorney who can ensure that your rights are protected. Call Steven Mitchell Sack at 917-371-8000.
ew York City has statutes protecting employees from sexual harassment and other offensive conduct in the workplace. Sexual harassment includes sexual remarks, images, jokes, or any other conduct by a co-worker or superior that creates a hostile or intolerable work environment. Most sexual harassment claims are made between female employees regarding the actions of male coworkers or supervisors. However, sexual harassment claims are not limited to acts committed by men against women. In a recent case, according to the New York City Commission on Human Rights, a female chief executive officer (CEO) made inappropriate sexual remarks towards female employees. Continue reading “Sexual Harassment Doesn’t Only Happen Between Males And Females”
Sexual harassment often makes victims feel helpless and alone. Victims will begin to feel powerless, especially if the act happens at their place of employment. There have been many times when a victim of sexual harassment has spoken to another employee and confided in them, and then the other employee tells them there is nothing they can do, and they should just ignore it. No matter where sexual harassment takes place, it is not to be ignored and you should never be silenced. Continue reading “5 Steps to Follow If You Have Been a Victim of Sexual Harassment in Your Workplace”
The famous Plaza Hotel, located in New York City, has had a sexual harassment lawsuit filed against it by some of its female employees. The Plaza Hotel is an icon for its famous political figures and entertainers. While many are shocked by the allegations, sexual harassment in the hotel industry is fairly common. According to a recent report, 8 in 10 hotel workers have experienced being harassed on the job.
Continue reading “Sexual Harassment At The Plaza”
Fox News Channel host Gretchen Carlson recently filed a sexual harassment and wrongful termination lawsuit against the network’s chairman and CEO, Roger Ailes, after she refused his alleged sexual advances towards her. On July 6, Ms. Carlson filed a complaint against Mr. Ailes with the Superior Court of New Jersey in Bergen County, stating that, after she refused Mr. Ailes’ sexual advances towards her and complained about his behavior, he unlawfully retaliated against her. Ms. Carlson was terminated from her position as the host of the network’s afternoon program The Real Story with Gretchen Carlson on June 23. Prior to this role, Ms. Carlson was the co-host of Fox and Friends until 2013.
Continue reading “Fox News Host Files Sexual Harassment Suit Against Television Executive”
Holiday parties are great for fellow employees to enjoy each other’s company outside a workplace environment. However, for some workers, the chance to “be themselves” in such a social setting means acting or talking inappropriately in front of others, drinking excessively or making unwanted sexual advances.
Continue reading “Five Effective Ways to Reduce Lawsuits Resulting from Incidents Occurring at Holiday Parties”