Legal Question in Sexual Harassment in New York

Is this sexual harassment?

I'm a male and a female assistant manger has made several comments to me.

1st one was when the store manager was showing both her and me how to use the new office computer. He stated there was even a DVD player in the new computer. She then turned and said to me that I could bring in porn and watch it on the office computer.

2nd comment was made when I was helping a fellow employer (70 y/o female) put some merchandise away. After I was done helping, I heard the assistant manager ask my co-working if we were having a ''lovefest'' in the corner.

Third case involved the assistant manager making a comment about my co-worker (same one from above, 70 y/o female). The comment was, ''The empty building will become a strip club so (enter co-worker's name) can have a second job working the pole.'' I was the only who heard this comment as my co-worker has bad hearing and other co-workers near by were having their own conversations. I felt terrible about the comment she made. These type of comments are on going.

I've been with the company for four years and the store manager and assistant manager have only been hired for one month. Any help would greatly be appreciated. Thank You!!!


Asked on 10/07/07, 10:28 pm

2 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: Is this sexual harassment?

We handle cases like this in several states, and it sounds as if you have a claim. Make sure there is a documented, written complaint to human resources, and that you save a copy of the complaint. Then, we can help you with filing for money damages with the state or federal agency. Feel free to call our offices or e-mail me directly.

-Danny Cevallos

[email protected]

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Answered on 11/02/07, 5:08 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Is this sexual harassment?

This sounds like it might actually be age related with respected to your co-worker, but as to yourself, sexual harassment must be more than teasing.

It must interfere with your ability to perform your duties, and while this does not sound particularly nice, neither does it sound bad enough. If it continues, and you cannot obtain relief from the human resources department, you should either contact an attorney such as myself or the Division of Human Rights.

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Answered on 10/09/07, 10:51 am


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