Legal Question in Sexual Harassment in New York
Do I have a Case?
I work at a man orientated company. Construction. I am 1 of 2 females that work there, the other being 60, I am 35.
I have only been there for 4 months, (and I am through a temp agency, on contract for 5 months and then they can or can decide not to hire me)well, the guys are always saying to me, well--name removed-- if you want to guarentee being hired, come out back with me and I will put in a good word for you. or--name removed--your hair is flat today, thank god the rest of you isn't. you look tired today, were you up all night doing the nasty. if your breasts did not get in the way of your brain you might be able to get it right. I have several emails of the proper way to give a BJ, how breast size detemines your IQ, pictures of sex (all sent by the guys)they won't let me join the downstairs gym, because they told the owner that if I joined (me being 1) they would quit (they being 12)my 29 yr old daughter works at hooters, and they know it, they go there and bother her, and they tell me word for word, ''your daughter is doing more than waitressing if she is making that kind of money.''etc.......... it gets worseDo I have rights I can't afford not to work, and like I said I work there through a temp agency
4 Answers from Attorneys
Re: Do I have a Case?
Yes. You are being sexually harassed. If your employer has a sexual harassment policy, you should complain under the policy. If immediate corrective action is not taken, you have the type of case that a firm like ours will typically take. Please feel free to call me at 516-931-0050 if you would like to discuss this prior to complaining. You may want to take a look at www.eeonews.com for more information. More information about our firm is available at www.lipmanplesur.com. Good luck.
Bob
Re: Do I have a Case?
In order to be able to sue successfully, you need to have the Division of human rights investigate this under both NY State and Federal law.
Depending on whether a supervisor is involved, New York and Federal Courts have been applying
different standards to the company's liability. But this sounds as though you are being subjected to both quid pro quo, and harassment sexual misconduct.
Let me know if you need to discuss this further.
Re: Do I have a Case?
You case is one of classic harassment in a work environment. Perhaps a typo, but your question provoked a question in me: You are 35 yrs. old w/a 29 yr. old daughter working at Hooters? Pls. explain.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]
The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.
Re: Do I have a Case?
Yes, you appear to have a case. What you have described is a classic "hostile work environment." The fact that you work for this construction company through a temp. agency is an issue, but not insurmountable. What you do next is critical as the law in this area requires the complaining employee to take certain steps in response to the harassment. You are welcome to call for a free consultation.
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