Legal Question in Sexual Harassment in New York

protection against allegations of harassment

I am a psychologist in a non-profit organization for the disabled. A claim was made against me for sexual harassment after interviewing a staff member that had been attempted to be touched by a disabled individual. Part of my job is to take descriptions of incidents for documentation and intervention purposes. I asked the staff member what the touching behavior looked like and demonstrated two possible alternatives without touching the staff member. I was written up and my employment was threatened without ever having been questioned or an investigation being done. Is this legal? What is my protection under the law?


Asked on 8/14/07, 10:23 am

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

Re: protection against allegations of harassment

You must cooperate with the company investigation, but at the same time, you should inform them that you were merely performing your function.

If your employer or the person handling the investigation doesn't understand this and continues to harass you, you should file a complaint with the EEOC or Division of Human Rights.

If you wish to discusas this further, please give me a call.

Mark Moroknek

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Answered on 8/14/07, 11:25 am


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