Legal Question in Sexual Harassment in New York

work place harassment

I worked in a mill with the working population was Me (the woman) and the rest men. I was sexually harassed by a couple of men who showed themselves to me. I freaked and quit my very good paying job. It was a union shop and have gone to the union and a few occasions pryer to this and recieved no help. I Dont think they liked a woman working with them. At one time the Present union president grabbed my brest for the second time and i told him he did it one more time i would have his job. from then on he didnt speak to me but, made my job harder. Nothing that could be proved.my word against his. We had to work side by side and we wouldnt communitcate for job purposes.that was through 2004 and up to may 2005. At the end of April is when I had 2 different employees expose themself on the same day. I was raped when I was 12 yrs old and it made me flash back to that. I just couldnt handle working there anymore so I had given notice and quit one week later. I did contact the Owner of the company and was directed to Head of Human Resources there was a full investigation and i dont know what the outcome was. Can and do i have rights on that?


Asked on 1/24/07, 10:08 am

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

Re: work place harassment

Certainly. On your own or through an attorney you can report both the Union

and your employer to either the EEOC or the State Division of Human Rights.

If there are 15 or more employees, EEOC will accept it but frequently in NY, the division will investigate a dual filed complaint.

If there are fewer than 15 but more than 4 employees got to the State Division as EEOC will not have jurisdiction.

There is 1 year to report to NY State Division, 300 days to EEOC, running from the date of either your last episode of harassment or the date of your discharge..

Once you file a complaint, an investigation will be conducted which can take a long time, several years;

if the investigator agrees, you will

receive a determination of probable cause.

You can skip the wait by asking for a

" right to sue" letter but I suggest you retain an attorney for that, or anything else that confuses you as it is complicated.

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Answered on 1/25/07, 3:08 pm


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