Law Blog

The New York State Division of Human Rights (“NYSDHR”) released the final version of the new sexual harassment policy, along with training guidelines, on October 1, 2018 and the new, updated policy took effect on October 9, 2018. The final policy contains some changes from the earlier proposed version, most notable however, is that employers now have until October 9, 2019, to provide employees with the mandated training in accordance with the new policy. Other changes include removal of the “zero tolerance policy” language as it conflicted with federal guidelines on sexual harassment policies and removal of the requirement that new hires receive sexual harassment training within thirty days in favor of encouraging employers to complete new hire training “as soon as possible.” Additional changes to the policy from the proposed policy and required training are listed below:

The workplace can be a tumultuous place where we must deal with demanding bosses, moody co-workers, and difficult customers or clients. The price employees pay for financial security is enough to give anyone a headache, but what happens when a not-so-pleasant situation turns into one that is downright hostile?

Within the last six years, at least 1,000 New York State government employees have made sexual harassment complaints regarding incidents in the workplace. According to a recent Politico report, New York State taxpayers have paid at least $6.4 million for settlements connected to these complaints since 2012. This amount is comprised of 54 cases settled for a combined $5,552,880. This also includes 18 out-of- court settlements; a $60,939 judgment by the State’s Division of Human Rights; and a $103,080 payment in 2012 for misconduct by former Assemblyman Vito Lopez. The agencies with the most complaints include the Department of Corrections and Community Supervision, the Office of Mental Health, and the Office of Children and Family Services. In Governor Cuomo’s State of the State, he discussed legislation that would “prevent taxpayer funds from being used for settlements against individuals relating to sexual assault and harassment.”

Recent media coverage related to sexual harassment and inappropriate behavior in the workplace has lawmakers paying attention. Now, there are efforts underway to put an end to employers forcing employees to arbitrate matters related to sexual harassment out of court.

Inappropriate behavior in the workplace has been a hot topic in the news lately, but calling attention to the trend can only go so far when it comes to your own personal situation.

One of the most important things you can do if you are struggling with harassment at work is to keep a log of events.

Title VII protects employees from discrimination in the workplace based on sex, race, national origin, and religion, but it remains unclear what protection from “sex” discrimination really means. As it turns out, this topic is presently being hotly debated, with many calling for the protected class to encompass one’s sexual orientation, rather than just gender. In fact, there is currently a split among circuit courts on whether sexual orientation is protected by Title VII or not. Most recently, in what some are calling a setback for LGBTQ rights, the Supreme Court has decided not to hear a Georgia case, Evans v. Georgia Regional Hospital, in which a woman claims she was harassed and ultimately terminated from her job at a hospital due to the fact that she is a lesbian. “During my term of employment, I endured harassment and denial of equal pay and retaliation simply because of my sexual orientation and lifestyle,” Evans said.

There are numerous different types of harassment that can occur within a workplace. It’s possible for employees to be harassed based on a variety of factors and one of them is religion.

Most people understand that many forms of harassment are illegal in the workplace, but they might not be aware that laws regarding harassment might also apply to the mental or emotional variety.

Being harassed on the job is one of the worst things that can happen as an employee. When that harassment is sexual in nature, it can feel even worse. Your first instinct might be to give your notice and run in the other direction - completely understandable because nobody wants to feel victimized when they are trying to do their job.

In an effort to spread the word and educate employees about their protections under the city’s Human Rights Law, New York has launched a print advertising campaign concerning the law.

Problems in the workplace come in all shapes and sizes. Unfortunately, there are times when workplace issues are so severe they are illegal. This is the case with violent actions and certain types of harassment. If you are being touched in the workplace – violently or sexually – or you are being discriminated against based on your status in a protected class, you have a right to take legal action.

Sexual harassment can be one of the most devastating experiences to have in the workplace. In addition to making it difficult to perform your job duties, you also might feel as if your personal safety is under attack.

Sexual harassment in the workplace is illegal. It is a type of sex discrimination in violation of Title VII of the Civil Rights Act of 1964. It is not something any employee should be forced to accept or tolerate, nor is it a “part of the job” or “the price of getting ahead.”

Sexual harassment issues at work can be some of the most difficult and challenging to deal with. In addition to facing a work environment that makes you uncomfortable – and in some cases downright frightened - you also need to worry about your professional reputation. Sadly and all too often, victims of sexual harassment are the ones that suffer long-term consequences. Unfortunately, the consequences can be just as negative if you are falsely accused of harassment.

Sexual harassment occurs more frequently than employers like to admit, but it is one of the most difficult accusations for an employee to prove. In many instances of sexual harassment, there are only two people present when the event occurs. This means cases are often an issue of “he said she said,” which puts both parties in a difficult situation.

If you are abused in the workplace you have a right to take action. If a co-worker or supervisor says or does something inappropriate, your employer is responsible for disciplining that person and taking action to make your work environment non-threatening. If the abuse continues, you can pursue legal action against the company. But what happens when the abuser is not employed by the company? What should you do if a client treats you inappropriately?

Most people have occasional issues with their bosses, but sometimes, these issues cross the line into abusive situations. Employees must put up with a lot in the workplace, but when things become downright abusive, it is time to speak up. Employment laws are designed to protect employees from certain kinds of abuse and if you believe your boss has crossed a line, you have the right to take action. Unfortunately, there is a lot of gray area when it comes to defending yourself against an abusive boss.

Working for a small company has its advantages – things are sometimes more laid back, you feel like a person instead of just a number, and you often form close personal bonds with your co-workers. Unfortunately, there are also drawbacks to working for a small company. In addition to the reduced benefits and lack of opportunity you might encounter, small business culture can be very different from that of a large corporation.

Sexual harassment is one of the most difficult charges to prove. In many cases, events occur when only two people – the victim and the harasser – are present and it ends up being a case of your word against theirs. Despite the challenge you face when it comes to proving the harassment, it is still important you take action, especially when the harassment occurs in the workplace. Otherwise, the situation can escalate to where you feel unsafe or the harasser can target co-workers.