New York Sexual Harassment Questions & Answers
Q: I have been falsely accused of sexual harassment by the superintendent of the coop that I live in.
1 Answer
| Asked
in
Sexual Harassment, Civil Rights and Libel & Slander
for
New York
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Hire a competent lawyer who has experience in dealing with (very troublesome) cooperative associations.
Hire a competent lawyer who has experience in dealing with (very troublesome) cooperative associations.
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.'s answer
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: http://www.waer.org/post/nys-group-pushing-vote-bill-allow-child-sex-assault-victims-sue-years-after-crimes - You might want to work with the group pushing for such statutory changes. Also, therapy can be helpful.
More details are...
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: http://www.waer.org/post/nys-group-pushing-vote-bill-allow-child-sex-assault-victims-sue-years-after-crimes - You might want to work with the group pushing for such statutory changes. Also, therapy can be helpful.
More details are...
Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?
2 Answers
| Asked
in
Civil Litigation, Health Care Law and Sexual Harassment
for
New York
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Q: The interviewer sexuall harassed me. Can I still sue even though I don't work at that company?
Charles Joseph's answer
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. Under federal and state law, the conduct must be pervasive or severe. However, New York City has a lower standard and the behavior only has to be more than a “petty slight.”
If you believe...
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. Under federal and state law, the conduct must be pervasive or severe. However, New York City has a lower standard and the behavior only has to be more than a “petty slight.”
If you believe...
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's answer
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 employers in NYC asking employees who date to sign "love contracts." I think that's ludicrous and probably not enforceable but if your company requires that think about it if you value your job or if you...
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 employers in NYC asking employees who date to sign "love contracts." I think that's ludicrous and probably not enforceable but if your company requires that think about it if you value your job or if you...
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
V. Jonas Urba's answer
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 complaint with the NYS DHR alternatively.
The timely reporting and or filing is critical because often the retaliation claims are the best. If those who timely reported or witnesses who...
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 complaint with the NYS DHR alternatively.
The timely reporting and or filing is critical because often the retaliation claims are the best. If those who timely reported or witnesses who...
Q: I'm not comfortable reporting my claim of sexual harassment to HR (since it was someone in HR who harassed me). Can I
V. Jonas Urba's answer
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.
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.
Q: I've been harassed by a guy I met online trading texts - what are my options here?
Kristen Epifania's answer
You can file a report with the police and potentially get a restraining order and/or bring criminal charges against the individual.
You can file a report with the police and potentially get a restraining order and/or bring criminal charges against the individual.
Q: Can I get a restraining order if a coworker is harassing me?
V. Jonas Urba's answer
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 jeopardize your job.
No employer has to be nice to any employee. Bullying laws do not apply at workplaces. If the employer thinks (not you) that this coworker does better work than you do and...
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 jeopardize your job.
No employer has to be nice to any employee. Bullying laws do not apply at workplaces. If the employer thinks (not you) that this coworker does better work than you do and...
Q: My boyfriend's co-worker is posting lewd stuff about him on his private social media accounts
V. Jonas Urba's answer
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.
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.
Q: Can I accuse a person of sexual harassment, even if I don't work with them?
Charles Joseph's answer
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 https://www.workingnowandthen.com/new-york-sexual-harassment/. If you think you have been the victim of sexual harassment, you should contact an experienced employment attorney.
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 https://www.workingnowandthen.com/new-york-sexual-harassment/. If you think you have been the victim of sexual harassment, you should contact an experienced employment attorney.
Q: Where is the line drawn between sexual harassment and giving a compliment to a coworker in the office?
Emre Polat Esq.'s answer
It depends on various factors. Was the compliment sexually suggestive? Is it pervasive? Is it continuous?
It depends on various factors. Was the compliment sexually suggestive? Is it pervasive? Is it continuous?
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?
2 Answers
| Asked
in
Employment Discrimination, Sexual Harassment and Employment Law
for
New York
on
Answered on Jun 30, 2018
Answered on Jun 30, 2018
Derek John Soltis' answer
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 someone employed in the same work area as the person that complained can create a chance for a hostile work environment.
Unless you have a contract or in a union you are most likey an at will...
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 someone employed in the same work area as the person that complained can create a chance for a hostile work environment.
Unless you have a contract or in a union you are most likey an at will...
Q: Is it possible to file an anonymous sexual harassment claim?
V. Jonas Urba's answer
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 anyone else.
You, of course, will be told the same thing. You may want to provide witness names if you have them and you will want HR to take your complaint seriously because you are making a...
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 anyone else.
You, of course, will be told the same thing. You may want to provide witness names if you have them and you will want HR to take your complaint seriously because you are making a...
Q: Is it illegal to suggest someone should be raped or that they are "asking to be raped" online?
1 Answer
| Asked
in
Criminal Law, Internet Law and Sexual Harassment
for
New York
on
Answered on Jun 20, 2018
Answered on Jun 20, 2018
Aubrey Claudius Galloway's answer
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 slander. Spreading the rumor the woman was “asking to be raped” online, assuming it is not true, is defamation and a winning law suit could result.
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 slander. Spreading the rumor the woman was “asking to be raped” online, assuming it is not true, is defamation and a winning law suit could result.
Q: a. What defenses does an employer have when an employee engages in actionable sexual harassment?
V. Jonas Urba's answer
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.
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.
Q: Does call fat person a cow at anger moment consider be a crime ? or i can be sued for it ?
3 Answers
| Asked
in
Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment
for
New York
on
Answered on Jun 2, 2018
Answered on Jun 2, 2018
Q: In real , Will be he charged as crime and could prevent him to enter Poland again ?
1 Answer
| Asked
in
Criminal Law, Immigration Law, Civil Litigation and Sexual Harassment
for
New York
on
Answered on Jun 2, 2018
Answered on Jun 2, 2018
Carl Shusterman's answer
This forum is for US immigration law. Your son should consult with a Polish attorney.
This forum is for US immigration law. Your son should consult with a Polish attorney.
Q: An employee in NY state had been using a personal "trail camera" to record other personnel on company property.
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Libel & Slander and Sexual Harassment
for
New York
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
V. Jonas Urba's answer
Maybe? Are you part of management or do you own the company or the building?
A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.
Analysis. Assuming you do not work for the government, did surveillance cause damage (usually financial) to the building owners, the company, or any employee? How do we know? Did anyone breach their duty of loyalty to the company? If you market and sell surveillance equipment at...
Maybe? Are you part of management or do you own the company or the building?
A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.
Analysis. Assuming you do not work for the government, did surveillance cause damage (usually financial) to the building owners, the company, or any employee? How do we know? Did anyone breach their duty of loyalty to the company? If you market and sell surveillance equipment at...
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