Legal Question in Employment Law in New York
Harrassment?
I am a female who has been employed for 2 months in an approximately 25 person firm. I am in a room with three other women. The environment in this room is such that there is continuous use of profanity, sexual inuendos, and sexual talk that I consider to be offensive. I have spoken to my supervisor (a partner in the firm) and have asked to have my desk relocated to another area but nothing has been done yet.
The other women have been advised of this and are now hostile and have found creative new ways to be verbally provocative.
I feel that unofficially, management condones their behavior,finds it amusing, and at times joins it.
I have several questions: (1) Whether use of obscene language, jokes, etc. on an ongoing basis though both parties are of the same sex is a form of ''sexual harrasssment'' under State or Federal laws?
(2) Whether I have any rights to a work environment free of behavior which I find offensive or obscene even if other co workers tolerate it?
(3) If I am terminated because I object to such behavior, am I entitled to any compensation for wages or pain & sufferring?
Thank you.
Thank you.
2 Answers from Attorneys
Re: Harrassment?
Your description of your work conditions is a textbook example of a hostile environment. This is a form of sex discrimination actionable under Title VII of the Civil Rights Act. Management has an obligation to stop the harassment. Should it fail to do so it will be liable for all damages caused, plus attorney's fees and other goodies.
There are several hoops you need to jump through to state a claim, and you will need some guidance throughout that process.
Re: Harrassment?
You are being subjected to sexual harassment and it is illegal under Federal Law and New York State Law. The answer to your question (1) is yes. Recently, the United States Supremen Court said that "same-sex" sexual harassment is illegal. Yes to questions 2 & 3 also.
One thing you must be aware of is that there are very short statutes of limitations for sexual harassment, and employment discrimination in general. If you miss the time limit, you will be out of luck. Also, there is an entire administrative process that you MUST go through before filing a lawsuit. This process involves the United States Equal Employment Opportunity Commission.
I am presentlly involved in a case trying to extend disability discrimination to include discrimination by the disabled against the disabled. Therefore, I am very interested in your "same-sex" sexual harassment case. I would like to speak with you in detail about your claims, even if you do not wish to retain an attorney. You can call me at (914) 949-6323.
Best of luck with your case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
