Legal Question in Sexual Harassment in New York

Does my wife have a sexual harassment case?

I just discovered my wife of 11 years has been having an affair with her boss for 9 of those years. All ''interludes'' were done in the office, on office time. At times she said she would do it just to keep the peace around the office. It was consensual but she feels as though he was the initiator and at times felt obliged to act. Since my discovery she has resigned and is now wondering what her options are concerning a lawsuit. I discovered sexuall charged and explicit e-mails sent between the two of them if that has any bearing.


Asked on 11/15/07, 4:12 pm

4 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Does my wife have a sexual harassment case?

This is an interesting question: if it was "to keep the peace" then the

issue is whether it was coerced. Probably such a situation must have been "quid pro quo" sexual harassment, at one or another point; meaninmg favors for advancement.

That is what your wife needs to ask herself, and if she wishes to consult, I have a bit of experience in this area.

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Answered on 11/16/07, 4:09 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Does my wife have a sexual harassment case?

This is an interesting question: if it was "to keep the peace" then the

issue is whether it was coerced. Probably such a situation must have been "quid pro quo" sexual harassment, at one or another point; meaninmg favors for advancement.

That is what your wife needs to ask herself, and if she wishes to consult, I have a bit of experience in this area.

Read more
Answered on 11/16/07, 4:09 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Does my wife have a sexual harassment case?

This is an interesting question: if it was "to keep the peace" then the

issue is whether it was coerced. Probably such a situation must have been "quid pro quo" sexual harassment, at one or another point; meaninmg favors for advancement.

That is what your wife needs to ask herself, and if she wishes to consult, I have a bit of experience in this area.

Read more
Answered on 11/16/07, 4:10 am
Alani Golanski Alani Golanski, Esq.

Re: Does my wife have a sexual harassment case?

It's not clear from what you write whether you have reasonable grounds for a lawsuit. To establish a prima facie case of hostile work environment sexual harassment, a plaintiff must show that: (1) the conduct complained of was unwelcome: (2) it was based upon her gender; (3) it was sufficiently severe or pervasive to alter her conditions of employment and to create an abusive work environment; and (4) it was imputable on some factual basis to the employer. The difficulty in your case will, of course, have to do with the first prong, since a long consensual affair implies the conduct was not entirely or always unwelcome. And, in a related vein, there may be a difficulty establishing the third prong--whether the conduct, if consensual, was severe enough to create an altered and abusive work environment. More of the details of the coerciveness of the encounters, and of the circumstances of our wife's resignation, would have to be explored.

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Answered on 11/15/07, 7:28 pm


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