Sexual Harassment Claims Continue to Accumulate Against the World’s Most Powerful

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.

Sex Stereotyping In The Workplace

According to federal anti-discrimination laws, gender identity and gender expression are not protected categories. However, New York City’s statute on employment anti-discrimination includes gender identity and gender expression as protected categories. However, a recent U.S. Supreme Court decision in Price Waterhouse v. Hopkins found that Title VII of the Civil Rights Act of 1964 prohibits sex stereotyping, which may now provide a basis for claims. Continue reading “Sex Stereotyping In The Workplace”

New York City Human Rights Law

In 2016, New York City’s Commission on Human Rights experienced a sixty percent increase in complaints relating to discrimination and harassment.

The New York City Human Rights Law is a statute that provides an individual with protections in addition to federal and state regulations. It addresses discrimination in the workplace, housing complexes, public spaces, harassment by law enforcement, and retaliation.  Furthermore, it covers employment discrimination against all New York City workers and even interns. Also, it establishes protected classes, which include:

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Don’t Fire An Employee Because Of A Jealous Spouse

Recently, a New York State Court of Appeals restored a gender discrimination case against a wellness clinic. Both defendants were co-owners of the establishment and were husband and wife. The husband had hired the plaintiff in the case as a massage therapist and yoga instructor.  The husband acted as the plaintiff’s supervisor and had a professional relationship during her tenure.  However, he told Plaintiff that his wife was jealous because she was “too cute.”

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New York Times Top Executives Face Lawsuit For Racial, Age and Sexual Discrimination towards Employees

The top executives at The New York Times have come under a multimillion-dollar class action lawsuit for creating “a culture of discrimination” at the company based on age, gender and race. The lawsuit was filed on behalf of two African-American female employees in their 60s who worked in the paper’s advertising department. The two women alleged that they were paid less than younger, white employees and were overlooked for promotions within the Times.

Continue reading “New York Times Top Executives Face Lawsuit For Racial, Age and Sexual Discrimination towards Employees”