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New York Sexual Harassment Questions & Answers
1 Answer | Asked in Sexual Harassment for New York on
Q: I was sexually harassed by a security guard at my previous job. I reported it to my manager and nothing was done

i stopped coming to work out of fear and was fired. Could I sue for sexual harassment?

Michael Diederich Jr.
Michael Diederich Jr.
answered on Jun 5, 2023

Legal remedies depend upon where you live. Federal law applies nationally, and includes Title VII protection against sexual harassment and gender discrimination. States and localities can enact laws that protect against sexual harassment. Different time requirements, and potential administrative... Read more »

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Sexual Harassment for New York on
Q: Is this case ongoing or deferred or has the defendant been sentenced?E.D.N.Y. Docket No. 17-CR-281 (ERK)?

This is a case about a correctional offiicer accused of sexual abuse of a ward in Brooklyn mdc. I want to know if this case was handled tried and if he was convicted and sentenced.

1 Answer | Asked in Sexual Harassment and Libel & Slander for New York on
Q: An ex-friend made an imputation of unchastity against me. I have multiple records of harassment. How do I proceed?

An ex-friend accused me of adultery with her husband who she separated from. I have multiple text messages, and Facebook admitting to her slandering me to others as well as 3rd party sources and friends informing me of what she's said. It's my word against hers; how do I prove that I am... Read more »

Michael Diederich Jr.
Michael Diederich Jr.
answered on Feb 6, 2023

I suggest you hire a lawyer to write a "cease and desist" letter to your ex-friend. The lawyer will likely inform your ex-friend that publishing defamatory statements would subject your ex-friend to liability regarding any and all damages suffered by you. And that falsely accusing... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... Read more »

1 Answer | Asked in Sexual Harassment for New York on
Q: Can you sue your old foster parents for molestation if it has been years? and you were a minor.

I was a foster child under the care of B**** & S**** K**** at ages ( 10 - 13 ) they were under Hogares Inc which i googled and saw they are permanently closed. Anyway i came out to my foster mom at the time and she continued to not do anything about it. As the adult i am today stress, Anxiety,... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 3, 2022

That would probably be a New Mexico case, so post your question under NM, not NY. You will need to state the years of abuse and when you turned 18.

1 Answer | Asked in Sexual Harassment for New York on
Q: Hi. I falsely admitted to a sexual harassment accusation in order to diffuse a situation. Am I screwed if it goes public

A few days ago I had a kickback with a few guy friends and one female friend. We were drinking and in the night the female friend passed out drunk. I had to pick her up and move her to get a charger and blanket she was sleeping on. The next day after she leaves she starts accusing me of crazy... Read more »

V. Jonas Urba
V. Jonas Urba
answered on Mar 10, 2022

I noticed that you posted from Boston. I practice in New York.

You definitely must consult an employment lawyer in the state where the event occurred or where your primary workplace is located. The laws of one or possibly both states may apply.

Under New York's Executive Law...
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1 Answer | Asked in Contracts and Sexual Harassment for New York on
Q: My boss of 5 years is now insisting I sign a form agreeing he can go through my phone when he wants .

I took a picture of my foot in a company car and for the first time in years it for some reason was an issue to him. Literally my own foot . Could not identify anything else, riding a half hour to a location for work. He also regularly harasses me and makes inappropriate comments making me fear... Read more »

V. Jonas Urba
V. Jonas Urba
answered on Aug 31, 2021

Are you working off the clock? Unpaid overtime for answering calls, texts, emails? He might owe you for up to 6 years of unpaid wages. You could insist on being paid for all that time and firing you for that would be retaliation.

Have you considered telling him that you find his behavior...
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1 Answer | Asked in Sexual Harassment for New York on
Q: Can I sue a client company for false accusations? I asked for my contract to be terminated in September 2020.

I worked for a client company through a temp agency. I attempted to report a coworker for sexual harassment and the client company director lied and told HR that I was having a sexual relationship with the man to protect him. I denied the accusations and have gotten bullied by other coworkers... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Feb 23, 2021

Under state and federal law, employers have an obligation to investigate sexual harassment and take steps to prevent it and to prevent retaliation against those who make complaints. You should contact an employment lawyer to review all the facts and legal issues associated with your situation to... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New York on
Q: I was sexually abused from age 3 until 11 in N.Y. by my father. Anal penetration began at age 5.

I am looking into what my options are as far as pressing charges so more information would he helpful.

Peter Wade Kolp
Peter Wade Kolp
answered on Oct 29, 2020

You can consult with local precinct or the local district attorney. Or consult a local attorney. There are civil and criminal ramifications.

Early in 2019, New York passed new legislation extending the statute of limitations for sexual abuse claims in the state. Before this legislation,...
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1 Answer | Asked in Domestic Violence and Sexual Harassment for New York on
Q: If you get someone convicted of a crime, is it possible to get them out of jail later on even if they were guilty?
William Jaksa
William Jaksa
answered on Dec 10, 2019

The short answer is yes. Usually, its a parent, sibling or partner that was assaulted and later presents themselves as a surety or just wants to resume contact. What you need to check to see if there are any court orders prohibiting the offender from contact. Sometimes those are stand alone court... Read more »

1 Answer | Asked in Sexual Harassment for New York on
Q: A coworker had contacted me over a documented server and relayed a very graphic sexual experience. Sexual harassment?

Im new to my workplace and a coworker IM’d “hello. I just like to get to know all of the new workers.” We exchanged back and fourth about our school and work histories but he asked abruptly “what’s the dirtiest thing you’ve done? Not PG.” And I said nothing. He then proceeded to say... Read more »

William Jaksa
William Jaksa
answered on Aug 8, 2019

Difficult to fully and properly answer, context is everything, but briefly, sexual harassment can include: Unwelcome sexual advances; Offensive remarks about a person’s gender; Requests for sexual favours; Physical intimidation. It all depends on the context the remarks are made and if they... Read more »

2 Answers | Asked in Criminal Law and Sexual Harassment for New York on
Q: What steps to take if someone secretly recorded you doing sexual favorites without your consent
Samuel C. Breslin
Samuel C. Breslin
answered on May 1, 2019

Depending on the circumstances, this could be a complicated issue. If they are trying to use the recordings to blackmail you, extort you, or threaten you, it could be a few different crimes (although the legislature passed the revenge porn law, I do not believe it’s been signed into law). If you... Read more »

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1 Answer | Asked in Sexual Harassment, Civil Rights and Libel & Slander for New York on
Q: I have been falsely accused of sexual harassment by the superintendent of the coop that I live in.

I served on the board of directors as vice president I was thrown off the board by the false allegation and now my name is being tarnished in the community. I need to speak with someone in regards to my rights and what i can do legally.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Hire a competent lawyer who has experience in dealing with (very troublesome) cooperative associations.

1 Answer | Asked in Criminal Law and Sexual Harassment for New York on
Q: I was molested as a child im 29 now is there anything i can do about the person who molested me after all theas years
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 22, 2019

See: http://www.ncsl.org/research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx. Apart from statutes of limitations in such issues, evidence is particularly tricky after such a long time, particularly in sex abuse cases. Also see:... Read more »

2 Answers | Asked in Civil Litigation, Health Care Law and Sexual Harassment for New York on
Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?

My Husband got papers from work in December 6, 2018 from work it states:

He didn't sign for any papers.

The papers went directly sent to work only.

He was accused of sexual harassment in October 31 2017. He was suspended from work for 2 months and returned to work in... Read more »

Michael David Siegel
Michael David Siegel
answered on Jan 2, 2019

I would need to see the papers to answer the question.

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2 Answers | Asked in Sexual Harassment for New York on
Q: The interviewer sexuall harassed me. Can I still sue even though I don't work at that company?
Charles Joseph
PREMIUM
Charles Joseph
answered on Dec 27, 2018

Sexual harassment includes all unwelcome sexual advances or behaviors in the workplace, even when you are not yet an employee of that company. If you were sexually harassed or discriminated against because of your gender during a job interview, it may or may not be severe enough to file a claim.... Read more »

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1 Answer | Asked in Sexual Harassment for New York on
Q: Is it sexual harassment if I ask a coworker who's technically not at the same management level as me out on a date?
V. Jonas Urba
V. Jonas Urba
answered on Dec 11, 2018

Isolated or scattered remarks even if unwelcome are almost never severe.

Harassment must be severe or pervasive meaning it's recurring. Of course your employer might have a dating policy and violating that is at your own risk.

You might want to run it by HR. I have heard of...
Read more »

1 Answer | Asked in Sexual Harassment for New York on
Q: Is there a set time limit that I need to file a sexual harassment claim during? I didn't feel safe reporting until my

supervisor switched positions within the company and now it's been three years. Am I too late to file?

V. Jonas Urba
V. Jonas Urba
answered on Nov 26, 2018

Employees need to report harassment. Of course now the New York State Law protects employees who are sole employees so unwelcome conduct by just the owner of a company would be covered.

You must file charges with the EEOC within 300 days of the last discriminatory action or 1 year to file a...
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2 Answers | Asked in Sexual Harassment for New York on
Q: I'm not comfortable reporting my claim of sexual harassment to HR (since it was someone in HR who harassed me). Can I

sue my employer directly and avoid pre-litigation mediation at my workplace?

V. Jonas Urba
V. Jonas Urba
answered on Nov 5, 2018

Check your employee handbook. There are usually alternatives i.e. your manager.

If there is no handbook seek an employment lawyer.

We dont file lawsuits immediately unless the client wants to litigate. Most dont when they realize what that entails.

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2 Answers | Asked in Sexual Harassment for New York on
Q: Can I get a restraining order if a coworker is harassing me?
V. Jonas Urba
V. Jonas Urba
answered on Oct 25, 2018

If there is a reasonable belief that physical harm may occur the police will interview and may refer it to a judge for an order of protection.

You should first discuss this with human resources. If human resources determined that you have taken some action against company policy it could...
Read more »

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