Legal Question in Sexual Harassment in New York

Confused about possible sexual harassment

This employee went to clean the restroom at our place of employment, he knocked on the ladies restroom and asked if anyone was in there and a little girl around nine said she was then he asked if she was alone when the girl had said yes he enetered the restroom and started cleaning of the sink while the little girl was in there. The girl was terrified and rushed out of the restroom and went and told her parents, her parents asked to talk to a manager and the manager told them that we apologize and bought there meal and the parents didnt want to leave a name or number but were extremely irate when they left. The company did an investigation and said the employee did nothing wrong just broke a company policy. But i have been reading about sexual harassment and one clause in there states that if the action creates a hostile work enviroment it is classified as sexual harassment. And the other employees have been told by the employee that did the act and they are irate and people are ready to quit or to beat the guy up. If anyone could tell me if this is classified as sexual harassment?


Asked on 9/21/04, 4:09 pm

2 Answers from Attorneys
Rachel Yosevitz Bistricer Yosevitz

Re: Confused about possible sexual harassment

Sexual harasssment can be defined as a hostile work envoirnment and a lawsuit may be instituted for such action but only if it is an employee suing an employer. In the instance you described, it is not a sexual harassment issue as the little girl did not work for the Company the employee worked for.

The employee could not have created a hostile work envoirnment for the little girl. The other workers, however, need to be careful and not do anything against the employee because if they do, he will be able to bring a lawsuit agianst them and the company.

From what you have described, he did not do anything actionable, menaing the other employees can not bring a lawsuit against him.

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Answered on 9/21/04, 7:23 pm
Rachel Yosevitz Bistricer Yosevitz

Re: Confused about possible sexual harassment

Sexual harasssment can be defined as a hostile work envoirnment and a lawsuit may be instituted for such action but only if it is an employee suing an employer. In the instance you described, it is not a sexual harassment issue as the little girl did not work for the Company the employee worked for.

The employee could not have created a hostile work envoirnment for the little girl. The other workers, however, need to be careful and not do anything against the employee because if they do, he will be able to bring a lawsuit agianst them and the company.

From what you have described, he did not do anything actionable, menaing the other employees can not bring a lawsuit against him.

If you have any further questions, feel free to call (516) 256-7737 [email protected]

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Answered on 9/21/04, 7:24 pm


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