Legal Question in Sexual Harassment in New York

Fair judgement?

Back in 1999 my partner (driver for major package delivery service company) and I were accused of being gay and bashed by our supervisor/manager. We filed a claim with the Human Rights Commission and they misfiled as sexual orientation instead of sexual harrassment (I found out about this misfiling 2 weeks ago). The supervisor admitted (in writing) that he sexually harrassed the 2 employees because it relieved tension at work - this mind you comes after this company had extensive training on sexual harrassment at the workplace. Now they want to settle for a mere amount (almost 6 years later)....both employees resigned a few years back...can we pursue with a personal lawyer? If yes, do you have someone you can recommend?


Asked on 6/04/06, 2:35 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Fair judgement?

The employer is responsible for a supervisor's sexual harassment in federal court; and in New York Court, if the employer is aware of the supervisor's actions and condoned the practice.

The admission gets you over that hurdle, so are they going to issue a probable cause finding?

You can pursue this with a personal attorney but only if the Human Rights Commission approves the dismissal of the agency charge first and gives you a right to sue letter. After this long they will do it for the asking. However, with an attorney such as myself, there is a matter of fees, and court filing expenses and litigation costs.

Did you dual file with the EEOC?

Read more
Answered on 6/04/06, 11:01 pm


Related Questions & Answers

More Sexual Harassment Law questions and answers in New York