Legal Question in Sexual Harassment in New York
Appropraite Dress
The private school where my wife works went on a trip to a beach, where the staff was told it was o.k. to go swimming, provided they wear appropriate bathing suits. For women, this is a one-piece bathing suit. My wife decided not to go swimming because she was uncomfortable about being in a bathing suit. Later, my wife was reprimanded by her direct supervisor (a woman) because she (her supervisor) had been informed that my wives' shorts were considered too short by another (unnamed) staff member. My wife explained that her shorts had in fact covered much more of her body than a swimming suit would have done. She continued by stating that several other female staff members had worn bathing suits but were not reprimanded. Her supervisors reply was that this was because of the fact that my wife was a ''young, beautiful woman'', and they (the admin) were concerned that the boys would be ''looking at her''. Further, this conversation was held in front of several other staff members, which caused my wife embarrassment. Due to the fact that this double standard has developed into a pattern that has continued for several years, my wife and I would like to determine what type of action might be taken to correct this situation.
2 Answers from Attorneys
Re: Appropraite Dress
Has your wife suffered an adverse employment action, i.e. poor performance evaluations, no raise, etc? Single incidents of gender-biased behavior do not necessarily translate into a cause of action. At the very least your wife should respond to the proper school official that there is unequal treatment being meted out by her supervisor. Your wife should not let these allegations go uncontested.
Re: Appropraite Dress
I would suggest your wife contact the EEOC. I am not sure this rises to the level of sexual harrassment, even though it was inappropriate.
Does your wife have an employment contract? If so, review it, and see if there is anything there that can help.
Also, if your wife has a union, I would suggest she contact them.