Legal Question in Sexual Harassment in New York
Is this sexual harrassment?
I was recently fired by my boss for looking for a new job. However, I am four months pregnant, and he made a comment to my assistant that I have been ''loopy'' since being pregnant. He even joked with another employee about how I wasn't pregnant, as much as I let myself go after getting married. I laughed it off, but two days before firing me, he told me that he was afraid of me going crazy with becoming a new mom and working. I felt like he was trying to convince me that I was incapable of doing this job. Two days later, I am fired because someone who doesn't even work for us anymore told him that I was looking for another job. I was indeed looking because I hate working in a hostile atmosphere and want a job where I can put my family first. Do I have a valid sexual harassment case with the comments he made about my pregnancy. I think the fact that I was looking gave him the reason he was looking for, when in fact, he was worried about me having new priorities over my job. The jokes were inappropriate, and I am mad!
4 Answers from Attorneys
Re: Is this sexual harrassment?
It sounds like it; with the proviso that I would need to question you in more depth about what transpired, you should definitely contact myself or another attorney who is familiar with this area of law. There was a recent case involving the NYCTA and pregnancy
that resulted in a very high award, however I believe the bus driver lost her child.
Re: Is this sexual harrassment?
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
Re: Is this sexual harrassment?
You have every right to be upset. The first think to do is consult with an attorney. You may be offered a severance package or departure compensation in exchange for signing a legal document. DO NOT SIGN ANYTHING until you have spoken with an attorney.
My office handles severance negotiations in cases in which companies have violated pregnancy discrimination laws. Please feel free to contact us via email or through our website SeveranceAttorney.com
Re: Is this sexual harrassment?
The circumstances you've described suggest that you can demonstrate that you were most likely fired because of the pregnancy. A dismissal on such ground would constitute sex-based discrimination, in violation of the Human Rights Law. You will not want to sign any agreement with your employer pending discussions with, or retention of, an attorney. Our office is able to assist in this matter.
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