Brooklyn, NY asked in Employment Law and Sexual Harassment for New York

Q: a. What defenses does an employer have when an employee engages in actionable sexual harassment?

2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: What did the employer know? What did the employer do? What training and notices did the employer provide? Most importantly, who was the accused in relation to the accuser? If the accused has a Ph.D. and the accuser has essentially no formal education - a 1 employee shop- there may be no defenses. Seek legal counsel. These are never easy cases although most people think they are.

Derek John Soltis
Derek John Soltis
Answered
  • Jersey City, NJ
  • Licensed in New York

A: It depends on many factors. The employee has no real defenses, but the employer may have defense the employee does not.

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