Legal Question in Employment Law in New York

employer not protecting me against fully functional patient that assaults, sex

I, among many others, have been victimized by a Known sexual predator, a fully functional male resident at my job, and nothing is done about it except for blaming the victim in all aspects that they can think of, example, its the way she dresses, shes too quiet, too passive, not aggressive enough, she needs to change the way she walks. These were all things said to me. This man tortures me and others and theres nothing I can do about it. I work at a head injury rehabilitative center. Do I have a case against my employer?


Asked on 3/19/01, 8:10 pm

1 Answer from Attorneys
Raymond Iaia Minotti & Iaia, LLP

Re: employer not protecting me against fully functional patient that assaults,

Sexual harassment in the workplace is illegal. Federal, State and City laws prohibit such conduct. Whether your situation is covered by Federal Law ("Title VII") will depend on the size of your employer. It appears that your employer is aware of the problem. Therefore, your employer has an affirmative duty to remedy the situation. This simply means that it must do something more than blame the victim. From the information you provided, it appears that you should consult with an attorney for a full evaluation of your case. I would be happy to discuss the particulars in detail with you at your convenience. You may call me at (914) 949-6323. Keep in mind that there are strict time limits involved when a person makes a complaint of employment discrimination. Generally, one must proceed with a claim within 300 days from the last act of discrimination.

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Answered on 6/04/01, 2:02 pm


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