Legal Question in Sexual Harassment in New York
my liability if the purported sexual harassment was not indicated to be unwanted
What is my liability in a case where I'm accused of sexually harassing a coworker when she did not indicate that the advances, limited almost exclusively to comments about looking nicely dressed or new hair styles, were unwanted? Does the victim need to tell me that it's unwanted for me to be liable or am I immediately liable even after stopping when the first thing I heard was from my boss telling me about it?
1 Answer from Attorneys
Re: my liability if the purported sexual harassment was not indicated to be unwanted
It depends on the context and frequency of the advances. If they were common compliments which were sporadic, and they ceased once the complaint is made, then it would be a tough case for her. However, if the comments were deemed to create a hostile work environment, then you may be exposed.
I can discuss the details and facts with you in more depth if you would like to contact me on Monday. In the interim, feel free to follow up with any more questions you may have.
Regards,
Peter Moulinos