Legal Question in Sexual Harassment in New York

sexual harassment againts self employed

Is it possible to file a sexual harassment suit against someone that is self employed (with a "DBA" business certificate)? I did work for this person and he made repeated unwelcome sexual advances even though he is married. He kept saying, just once and he would leave me alone. To get him off my back, I submitted. His advances became more persistant after that. He left sexually explicit notes on my refridgerator (I live with my family). He purchased me sexual toys. When I refused sex, he became delinquent paying me. I'm filing a civil suit for the payment due, but I feel violated and harassed. After filing the civil suit he called me obese, a whore, and a loser and he admitted (in writing) to going through my nightstand drawers when I wasn't home to see if I had used his sexual toys. He constantly brags about how much money he makes, yet won't pay me my $900.


Asked on 3/04/99, 4:14 pm

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Re: sexual harassment againts self employed

1. Report him to the Better Business Bureau if he is self employed and has his own business.

2. Report him to Consumer Affairs if his business

deals with the public.

3. Sue him for the $900 in Small Claims Court and DONT take an arbitrator....take the Court. You will have to go back 2-3 times to get to the top of the list, but what the hell, it is in the evening and it will drive him crazy.

4. If you know how to do it, tell his wife. Why should Monica Wolinsky have all the fun?

5. Oh, yeah. You could try filing charges at the

City Commission on Human Rights or the State Division of Human Rights because as to him, you are an employee even if you dont get money deducted from your check.

6. Dont forget the common law duty owed to a

business invitee. It is a very high duty and his

conduct breached it. Ordinary civil suit. Jury trial. Have fun. We all know creeps like this.

Harold M. Weiner

Coles & Weiner, P.C.

342 MADISON AVENUE SUITE 1800


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Answered on 3/05/99, 8:17 am


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