Legal Question in Sexual Harassment in New York

I got a call today from work saying I was let go due to a sexual harassment that accured the day before in class and my problem is that the instructor said that "what could help is giving candy to kids while we work on their parents cars" and all I said is I don't think that is a good idea because some people may not perceive that in a good way. So I wanted to know if there's anything I can do?


Asked on 5/12/16, 8:04 am

1 Answer from Attorneys

1) In determining whether alleged conduct constitutes sexual harassment, the Director shall look at the record as a whole and at the totality of circumstances, such as the particular employment relationship, the job function of the pertinent individuals, the nature of the alleged conduct and the context in which the alleged incidents occurred.

2) If the decision of the Director is not satisfactory to either the alleging party or the defendant, any party so aggrieved may bring an action to challenge said decision under Article 78 of the New York Civil Practice Law and Rules no later than 90 days after the date of the issuance of said findings and determination.

3) Experts say there aren’t hard-and-fast rules for judging whether conduct is unwelcome. “Unwelcomeness is tricky,” said Haffner. “The person may subjectively believe that the conduct is unwelcome, but you have to objectively be able to show it.”

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Answered on 5/12/16, 9:18 am


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