New York Sexual Harassment Questions & Answers
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 »
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 »
Q: What steps to take if someone secretly recorded you doing sexual favorites without your consent
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 »
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.
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
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 »
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 »
I would need to see the papers to answer the question.
Q: The interviewer sexuall harassed me. Can I still sue even though I don't work at that company?
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 »
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?
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... Read more »
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?
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... Read more »
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?
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?
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?
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 »
Q: My boyfriend's co-worker is posting lewd stuff about him on his private social media accounts
-- is this considered sexual harassment?
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?
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 »
Q: Where is the line drawn between sexual harassment and giving a compliment to a coworker in the office?
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?
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 »
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 »
Q: Is it possible to file an anonymous sexual harassment claim?
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 »
Q: Is it illegal to suggest someone should be raped or that they are "asking to be raped" online?
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... Read more »
Q: a. What defenses does an employer have when an employee engages in actionable sexual harassment?
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 »
Q: Does call fat person a cow at anger moment consider be a crime ? or i can be sued for it ?
It is called the First Amendment
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.
This forum is for US immigration law. Your son should consult with a Polish attorney.
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