Legal Question in Sexual Harassment in New York

sexual harassment action

My mother in her early sixties, and she is in a very difficult spot. She is in danger of losing her home. She is in a position where she feels very helpless. Her attorney is well seasoned and knows of the tough position she is in. I opened mail from his office, thinking it might be important and wanted to let her know of any new information by calling her at work. When I opened the envelope I was so shocked to see printed out pages of porn pictures. On each page there were messages pertaining to my mother and him (her attorney) of how he wants to see her do this, wants her to do this to him, etc. This is all hand written by her attorney. After that, I received mail from him and everything was business - until last week when he did it again. I was mortified at the thought of confronting her about this. She said, '' I can't do a thing until the house is aall settled. He is my attorney and I can't risk anything going wrong with the case.'' What do I/she do? Is this not a true case of sexual harassment? The thing that infuriates me is not only that she's my mother, but the fact that someone is taking advantage of her because she's a widow that is going through such tough times.


Asked on 8/03/05, 7:23 pm

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

Re: Not an employment situation

To have a valid Sexual harasment claim, the actions that cause one to seek redress generally must be in the course of one's employment, under NY Law and title VII.

If this is an attorney-client relationship, it is not an employment situation. The attorney may be excersing undue influence, and your mother might wish to make a complaint to the grievance committee about the attorney, but she is an adult and it is up to her.

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Answered on 8/04/05, 12:50 pm


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