Legal Question in Civil Rights Law in New York

Sexual Harassment

I was terminated for according to my employers MISCONDUCT based on a claim against me of sexual harassment. The other party involved I have known for a long time and never thought anything of it by pinching her on the butt in a joking manor. Does the accusor have to give you a warning first to see if it stops or can they just file a claim of sexual harassment even if that was the only instance and last instance without further contact?


Asked on 3/14/06, 6:48 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Sexual Harassment

You do not need to warn a co-worker in advance to refrain from an unwanted touching.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 3/15/06, 10:09 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Sexual Harassment

First of all you must be living in a vacuum if you think that its okay to pinch a woman's "butt" in the workplace; if your ex-employer had a sexual harassment policy with guidelines, which it is likely they do, and she complained, your employer had little choice but to fire you. If the policy allows for first offenders to be given training that would have been the only alternative.

And no, she did not have to warn you; you should perhaps have asked her first.

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Answered on 8/07/06, 2:28 pm


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