Legal Question in Civil Rights Law in New York
Female Discrimination
I am a female and member of a Vol. Fire Company, I was recently told my wardrobe was inappropriate (although it is not, I am a substitute teacher and always dress appropriately, there are no dress codes in effect, and the men are allowed to get away with the sexual harrassment still, but I feel I am being discriminated against because I am a female, do they have the right to tell me that, and yet they let the assistant cheif get away with sending me pictures of himself exposed on my cell phone, something is not right here, i am very offended and want to take some sort of action
2 Answers from Attorneys
Re: Female Discrimination
Your facts give the indication that you do have a case. You should be able to injunctive relief (an order to stop) at the very least. File a complaint with the EEOC and the governing body of the fire company. If you get no relief; then contact an attorney.
Re: Female Discrimination
Suing a Volunteer Fire Department for sexual harassment is difficult because Title VII generally does not apply where no employer-employee relationship exists. However, at least one court has held that if volunteer firefighters or police officers receive substantial benefits, they are protected under Title VII. York v. Assn. of the Bar, #00 Civ. 5961, 86 FEP Cases 452 (S.D.N.Y. 2001).
Good luck!