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New York Sexual Harassment Questions & Answers

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 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 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 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. 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 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 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 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 some...
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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 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 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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1 Answer | Asked in Sexual Harassment for New York on

Q: I've been harassed by a guy I met online trading texts - what are my options here?

Kristen Epifania answered on Nov 1, 2018

You can file a report with the police and potentially get a restraining order and/or bring criminal charges against the individual.

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 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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1 Answer | Asked in Sexual Harassment for New York on

Q: My boyfriend's co-worker is posting lewd stuff about him on his private social media accounts

-- is this considered sexual harassment?

V. Jonas Urba answered on Sep 26, 2018

Do they work together? As co-workers or supervisor and subordinate that would certainly be unlawful.

Otherwise, it might be defamation of character, libel, or a tort. Call civil litigation lawyers to discuss if the matter is not employment related.

1 Answer | Asked in Sexual Harassment for New York on

Q: Can I accuse a person of sexual harassment, even if I don't work with them?

Charles Joseph answered on Sep 23, 2018

Employers have a responsibility to prevent sexual harassment. A coworker, a supervisor in another area of the company, or even a non-employee, like a vendor, can be the perpetrator. You can read more about the laws that protect you from sexual harassment at... Read more »

2 Answers | Asked in Sexual Harassment for New York on

Q: Where is the line drawn between sexual harassment and giving a compliment to a coworker in the office?

Emre Polat Esq. answered on Jul 18, 2018

It depends on various factors. Was the compliment sexually suggestive? Is it pervasive? Is it continuous?

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2 Answers | Asked in Employment Discrimination, Sexual Harassment and Employment Law for New York on

Q: I m a line leader at a company and was just accussed of bullying and conversing in a sexual manner. What do I do?

they told me to either step down and go back to being senior machine operator, resign, do a investigation which my manager said would be bad, they had no documentation, only and open door policy from this new manager to all production employees, my group of employees complained about the overtime,... Read more »

Derek John Soltis answered on Jun 30, 2018

It sounds like you are in a tough spot. You really need to speak with an attorney before making any choice that has a long term impact on your career.

If you were actually bullying people and talking in a sexual manner you would most likely be terminated rather than demoted. Keeping...
Read more »

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2 Answers | Asked in Sexual Harassment for New York on

Q: Is it possible to file an anonymous sexual harassment claim?

V. Jonas Urba answered on Jun 22, 2018

Have you reported it to human resources? You should do so. They will try to keep it confidential and everyone they interview should be told that any person who is interviewed and discusses an investigation could have disciplinary action taken against them for discussing the investigation with... Read more »

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1 Answer | Asked in Criminal Law, Internet Law and Sexual Harassment for New York on

Q: Is it illegal to suggest someone should be raped or that they are "asking to be raped" online?

Aubrey Claudius Galloway answered on Jun 20, 2018

That’s a general question and it depends largely on the individual circumstances, but here is my shot; it is likely not illegal nor a civil tort to generally “suggest “X” should be raped”.

The second statement has a better chance being viable in civil court, under the theory of...
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2 Answers | Asked in Employment Law and Sexual Harassment for New York on

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

V. Jonas Urba answered on Jun 15, 2018

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.... Read more »

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1 Answer | Asked in Criminal Law, Immigration Law, Civil Litigation and Sexual Harassment for New York on

Q: In real , Will be he charged as crime and could prevent him to enter Poland again ?

My son had relation with a girl from Poland , once they argued and he threat to send their pics to her husband but he didn't mean it . (was anger moment ).

NB : this threat happened by Facebook while he here.

Carl Shusterman answered on Jun 2, 2018

This forum is for US immigration law. Your son should consult with a Polish attorney.

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