Legal Question in Sexual Harassment in New York

Discrimination

I work with a woman who is my manager. Our general sales manager who is a male has made several comments to my manager that she is vuluptuous and should use her womanly assets to make sales. In addition, our GSM has said on several occasions to her and myself that woman are not leaders and men should be leader in the sales world. Also, our GSM has told my manager that she should take a back seat when dealing with our construction team, because she is a woman.

My GSM has made several comments to me that my woman manager is a fat pig, because she was upset about the ''vuluptuous comment. Also, on several occasions my GSM asked if I liked my manager and if I was fu$%4ing her, which I couldn't believe Knowing that I am married. I have not told my woman manager about these continous comments, because she is very upset with my GSM's behavior. This has been going on for more than 3 months.Also, Our GSM cut her pay without notice and tried making her sign a employee-employer contract that is blank. This is just some of the abuse that has been going on inside our real estate office.

I am not the type of person to complain; however I see the pain in my manager every day I go to work. What do you suggest? Thank you!!


Asked on 1/10/08, 10:05 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Discrimination

The general sales manager is sexually harassing your manager; as in any such situation, first it needs to be reported to the administrative agency with jurisdiction. This is the EEOC if the company has more than 15 employees. If it has less than 15, but over 4 either the City Commission (if located in NYC)or State Division of Human Rights. That can be done without a lawyer, and you can do it.

She can do it herself, as well.

If you wish, first try reporting the GSM to Human Resources and they ought to have him re-educated.

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Answered on 1/10/08, 11:00 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Discrimination

If you want to end this behavior, you can first report it to the owner or to the GSM's boss or to HR. If there is not a quick response, then go to the EEOC or if this is a small company to the state or county Human rights commmission. You may also find an attorney who might want to get involved on a contingency or low-bono basis.

In the mean time let your boss know she is being harassed and that if she takes the first step as discussed above that you will support her to the end.

Good Luck.

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Answered on 1/11/08, 12:31 am


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