New York Sexual Harassment Lawyer Blog

Jennette Suarez claims that she was subjected to lewd sexually harassing behavior during her employment at Staten Island Ferry. Suarez alleges in her suit recently filed in Federal Court in Brooklyn that ferry employees used high tech cameras to zoom in for closeups “down a women’s blouse or up a woman’s skirt” and that deckhands created a degrading and demeaning workplace for women.

Additionally, Suarez claims that male deckhands would freely view pornography on their phones, refer to woman in “offensive and disrespectful language” and that after Suarez complained about the sexual harassment, she was fired in retaliation for her complaints.

The full Daily News article can be found here.

Judge Jack B. Weinstein of the Eastern District of New York, in Brooklyn, has held that a female bus driver for the NCYTA can present her sexual harassment claims to a jury. The plaintiff, Felicia Bowen, alleges that her supervisor, Howard Cintrinbaum, among other things, licked his lips while looking at her, told her that they should “do it” and, when she refused to turn off her bus, reached over to do so himself, touching her breasts.

The company’s attorney sought to minimize Cintrinbaum’s conduct, claiming that looking the plaintiff up and down while licking his lips was “a neutral act. The company asked the court to deny Bowen the right to let a jury decide whether these acts amount to unlawful sexual harassment.

The court rejected the company’s argument and denied the motion, holding, “Lewd gestures and looks may alone be sufficient to create an atmosphere of sexual hostility. Here, those remarks and gestures were compounded by offensive touching.”

This case, Bowen v. MTA New York City Transit Authority, 2011 U.S. Dist. LEXIS 136531 (E.D.N.Y. Nov. 29, 2011), expands the protections that employees possess in the workplace, ensuring that women will not have to endure “lewd gestures and looks” as part of their job.

A sexual harassment claim was brought in New York County Supreme Court yesterday by eight employees of AVA Lounge at the Dream Hotel.

The owner and general manager are accused of subjecting the women to “Best Ass” contests and referring to them as “Double Ds” and “Thighs” instead of their names.

Mark Stumer, a lawyer for the women said that the supervisors basically harassed each woman that worked there, and that it was “constant, pervasive, and everyday.” Apparently, the environment at the AVA Lounge was so barbaric that the manager would announce over two-way radio that people were having sex in the building across the street from the hotel. According to the complaint, managers would brag about their sexual escapades to the staff including videotaping a sexual act in the office and snorting cocaine off the naked body of an employee.

One employee, Christine Anderson, alleged in the complaint that she was wrongfully accused of stealing and then fired for complaining about this behavior.

Sexual harassment and retaliation are prohibited by the New York City Human Rights Law and should not be not be tolerated. If you feel that you may be the victim of sexual harassment or retaliation in the workplace, contact Schwartz & Perry.

The entire article is available from NYDailyNews.com

The laws against sexual harassment apply equally to men and women. Reverse sexual harassment refers to a the sexual harassment of a male by a female. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964, as well as the New York State and New York City Laws.

In a recent sexual harassment lawsuit filed in Manhattan federal court, a male dog trainer is suing his female boss, a 44-year old New York socialite. He claims he was fired for refusing to have sex with her.

According to the New York Post, dog trainer Wesley Artope claims that his female boss, a former model, came on to him many times while he was training her dogs at her Westchester County home. Artope, a married father-of-four, claims that his boss repeatedly beckoned him to her bedroom where she would try to tempt him into having sex with her by lying on the bed in skimpy shorts or naked under a robe. In an interview with the New York Post, Artope further alleges “She did things that were inappropriate. She would call me into her bedroom several times, and she would basically flash me.”

The lawsuit alleges that she “was attracted to him and wanted to engage in a sexual relationship with him.” Further, Artope alleges that on one occasion his boss grabbed Artope’s hand and told him she wanted to have sex with him, that her husband was sexually inept.

Artope continually refused her advances and claims that she became angry. She began criticizing his work and then banned him from the home. Artope had worked for this employer since September 2008 and said he was fired in July 2009 after he complained about the hostility and reported the sexual harassment to the estate manager.

More information can be found in the New York Post.

Cleve Bryant, former associate athletics director for football operations for the University of Texas, was dismissed from the University last March after a university investigation determined that Bryant sexually harassed then 24-year old, Rachel Arena, an administrative assistant who worked in the football department.

Documents obtained from the investigation reveal Arena’s allegations against Bryant:

• During a July 2010 meeting in Bryant’s office about whether she would receive a raise, Bryant pulled down the top of Arena’s dress and bra and fondled her breast.

• Bryant repeatedly told Arena in person or via text that “I want to kiss you.”

• Bryant retaliated against Arena after she told him to stop texting her by creating a false allegation that she acted inappropriately at a minor league baseball game she attended with former UT football players.

• Bryant, while in the break room with Arena one day, stood in front of her and said, “Kiss me.” Arena turned away and Bryant kissed her on the neck.

• Two other female office workers alleged that Bryant had kissed them in the past.

Bryant, who is married, has denied all of the allegations. Bryant also appealed his firing, but university officials have not commented on the appeal, nor will they discuss any aspects of this story. The school investigator’s report to the school president states that “Mr. Bryant suggests that Arena contrived her story because she had been denied an $11,000 raise . . . This investigator does not believe that Ms. Arena was denied a raise for other than legitimate business reasons, but also does not believe that she invented these incidents over a two-year period.” The report went on to state that “this investigator does not find Mr. Bryant credible.”

Arena further contends that the harassment began shortly after she was hired in 2008. She started getting sexually charged texts from Bryant allegedly discussing “where [she] was going, what [she] was wearing... if [she] went home with anyone and about [her] sex life.”

Arena filed a formal complaint of sexual assault and sexual harassment with the university’s Office of Institutional Equity in October 2010. Arena has since settled her complaint with the university for an undisclosed amount and will not be pressing criminal charges. Arena’s attorney Gloria Allred stated that: “It appears that some female employees of Texas athletics may be afraid to come forward because they fear that if they file a complaint, that they may be retaliated against and lose their job.”

More information regarding this case is available at ESPN.com.

A lawsuit was filed in Brooklyn Supreme Court last week by 23 year old, Priscilla Agosto, against her former employer, a real estate office, for sexual harassment. Ms. Agosto claims that several of her male co-workers subjected her to inappropriate comments and sexual advances, a violation of the New York City Human Rights Law. She is seeking back pay and benefits from her former employer.

Agosto was employed for 14 months. Throughout her time there, she allegedly faced lewd comments, propositions for oral sex and was even offered $500 to sleep with a co-workers girlfriend. When one of her co-workers slapped Agosto across the face, she knew she had to take action. Agosto claims that she complained to her boss who brushed the incident off and only told the employee to apologize. This perceived lack of concern quickly prompted Agosto to bring suit. Agosto hopes that by speaking up and sharing her story, she will help inspire others facing sexual harassment to speak up.

The employer responded to the lawsuit by denying the charges and asserting that Agosto is too ugly to harass. She claimed that Agosto, “made up a story because she didn’t want to work.”

You can read more about Agosto’s claims in the New York Daily News and Yourjewishnews.com

Recently the Central Park Boathouse, a landmark in Manhattan since the 1950's, has been the subject of several sexual harassment and other related discrimination claims against them.

Approximately six former and current employees have made claims that supervisors at the restaurant routinely subjected them to sexual harassment by way of inappropriate comments, touching and conversation in the workplace. These employees field a complaint with the Federal Equal Employment Opportunity Commission as a result of this alleged conduct in the workplace.

As of now Boathouse management has not said much. Restaurant spokesman Joseph O’Donnell stated that, “all employees are aware of the Boathouse’s zero tolerance policy concerning sexual harassment.”

The complaints by employees of the Boathouse have sparked reaction from New York City Public Advocate Bill De Blasio, who is now urging the Parks Commissioner, Adrian Benepe to revoke the contract to operate the restaurant and boating concession at Central Park. De Blasio commented, “it doesn’t fit the values of this city and it violates the law.”

Parks Department spokeswoman Vicki Karp has responded by stating that the agency takes sexual harassment allegations very seriously and cares deeply about labor standards, promising that action will be taken in any and all situations that warrant scrutiny.

Regardless of the outcome of these claims, it will be interesting to see how these negative reports will affect business for the Boathouse in the coming weeks. It will also be very significant if actions are ultimately taken by New York City officials to cease operations of the restaurant due to discrimination claims.

A male New York City Police Department sergeant filed a sexual harassment complaint against his male boss after years of unwanted advances from the commanding officer. The sergeant was “fed up” with the unwanted advances and finally decided to take action, filing a formal complaint with the NYPD Office of Equal Employment Opportunity.

The sergeant's boss would allegedly commenting on “how sexy” he looked and that he was subjected to unwanted touching by his boss during patrols.

Other members of the department would make jokes about these types of instances, even commenting that the plaintiff should “Take one for the team.” It was only last month, after plaintiff revealed the conduct to two lieutenants who urged him to report the misconduct to the Office of Equal Employment Opportunity, that he finally reported the misconduct.

There is a stigma attached to male on male sexual harassment, as evidenced by some of the behavior exhibited by plaintiff's command in this case. As a result of this pressure from co-workers and others, many are reluctant to come forward and feel they do not fit into the traditional mold of what constitutes sexual harassment, in which a male employer is making unwanted sexual advances towards a female employee. Sexual Harassment has no rigid form, and, in fact, there is no ‘typical’ mold that excludes certain types of people from experiencing this unwelcome conduct.

Many individuals are victimized by sexual harassment in the workplace but are reluctant to express this, as there are still those who do not view male on male harassment as an actual problem. Male on male sexual harassment is a valid claim and is prohibited by the New York City Human Rights Law.

A sexual harassment claim has been brought by four employees of New York nightclubs Tenjune and Simyone Lounge.

The owner is accused of making unwanted sexual advances and requesting sexual favors from the women. He is also accused of luring two of the women away from cameras and the public, and then ordering them to expose themselves. He allegedly barred the women from leaving and forced them to touch him inappropriately.

Three of the women are afraid to return to work and the fourth is working but fears continued sexual harassment and retaliation.

Sexual harassment and retaliation are prohibited by the New York City Human Rights Law and should not be not be tolerated. If you feel that you may be the victim of sexual harassment or retaliation in the workplace, contact Schwartz & Perry.

The entire article is available from Reuters.

A former employee of the television channel BET is suing for sexual harassment in New York Supreme Court, Bronx County.

The suit filed by Tameika Dorman claims she was sexually harassed by a cameraman who made comments about her body and “grabbed his crotch” and moaned when Dorman was on camera.

When Dorman complained to her supervisor and said she would not work with that cameraman again, the suit alleges that nothing was done in response and that despite her protests, she was, in fact, assigned to work with him again.

Dorman also complained to Human Resources and, after an investigation Dorman was fired at a time when she was also five months pregnant.

Sexual harassment and retaliation are prohibited by the New York City Human Rights Law and should not be not be tolerated. If you feel that you may be the victim of sexual harassment or retaliation in the workplace, contact Schwartz & Perry.

According to a recent Newsweek article between 1992 and 2008 the EEOC has seen a doubling of sexual-harassment charges filed by men from 8 percent to 16 percent. The charges mostly include same-sex sexual harassment, although some are cases of women sexually harassing men.

The Article quotes Marcia McCormick, a specialist in employment and gender issues and professor at Saint Louis University School of Law, as stating: “Sexual harassment is about using power in a way to hurt somebody.” Sexual harassment in the workplace of both sexes is often about control, power, and humiliation, rather than sexual attraction, the Article asserts.

The Article notes that the U.S. Supreme Court over 20 years ago in Oncale v. Sundowner Offshore Services recognized that an individual may bring a sexual harassment suit when the harasser and harassee employee are of the same sex. In that case a smaller male employee on an oil rig was harassed by co-workers and a supervisor, and in one instance was sexually assaulted by co-workers.

Further, the Article proposed that the economic times may be a factor in the increase,as it is more likely that managers are not be training to handle sexual harrassment issues, as often times those are the programs that are reduced or cut altogether. The Article proposes that in fact maybe instances of same-sex sexual harassment is not on the rise, but men themselves are more comfortable coming forward with such claims.

Please see the Newsweek article for the full report: http://www.newsweek.com/2010/01/12/abuse-of-power.html

Hewlett-Packard C.E.O. Mark V. Hurd was ousted from his executive position last month after the accusation of sexual harassment by HP marketing consultant Jodie Fisher.

Although it was generally known Hurd preferred to do business on his own, reports state that he enjoyed Fisher’s company at lunches and dinners. Hurd also allegedly approved HP’s payments of $1,000 to $10,000 for Fisher to attend company events, in which Hurd would take her out to dinner afterward. It is alleged that Mr. Hurd attempted to hide his relationship with Ms. Fisher from the executive board.

HP hired a consulting firm to investigate the sexual harassment accusation. The independent firm concluded that no inappropriate action was taken by Hurd professionally or ethically.

The NFL investigation into the allegations that Minnesota Vikings quarterback Brett Favre sent inappropriate photos and messages to a female New York Jets employee continues. Once the investigation is complete the league will make a determination as to whether Favre should be punished for his actions.

According to various reports, Favre allegedly left voicemails and texted lewd photos to Jenn Sterger, who worked for Jets at the time and now works for Versus, and two female massage therapists who worked part-time for the team. ESPN reports that neither Jenn Sterger nor the two massage therapists have been interviewed yet as to their allegations.

If Favre is found to have violated the league’s personal conduct policy, Faver could face a fine and/or suspension for his conduct.

Additional information regarding sexual harassment can be found here.

A Crime Victims Rights Board Member resigned after allegedly sending sexually harassing text messages.

These messages were allegedly sent to a victim of domestic violence while prosecuting the boyfriend of the victim. The Board is currently under fire for not investigating and ultimately taking action against the perpetrator.

The board claims that the applicable state law in this case prevented the board from further investigating the allegations.

Additional information regarding this matter can be found here.

The City of New York City will pay a total of $300,000 to two police officers settling a sexual harassment lawsuit filed in connection with their claims of sexual harassment by a male supervisor. An attorney for the Plaintiffs stated, "Although our clients are satisfied that the litigation is over, it is further proof that the once-silent issue of same-sex harassment is on the rise."

The perpetrator of the harassment retired from the New York Police Department following a department trial in which he was found guilty of gesturing toward the officers in sexually suggestive ways and simulating a sexual act in their presence.

Additional information can be found here.

A female employee has sued her former employer, a major record label, in Manhattan Federal Court, after filing with the Equal Employment Opportunity Commission (EEOC), for sexual harassment and retaliation. The claims center on the employee being subjected to a hostile work environment in which her breasts were ogled and comments of a sexual nature were made. The employee claims that when she complained about this treatment, she was fired only two months later.

A recent article on Occupational Health & Safety Online discussed a study which found that women who have suffered from sexual harassment in the workplace have a tendency to leave the organization. Professor Eran Vigoda-Gadot and research student Chana Levi from the University of Haifa surveyed 192 women who work in the public sector in Israel. The purpose of the study was to determine how sexual harassment in the workplace may or may not change a woman’s behavior in the workplace, the likelihood of a woman to leave an organization following an instance of sexual harassment and to observe how much internal politics and an employee’s belief in her ability to change things affect the behavior of women who have been sexually harassed in the workplace.

The study revealed that women who have been sexually harassed in the workplace have a tendency to leave their jobs. This tendency is caused by several factors relating to a woman’s belief in her own power to change the status quo. Depending on the level of internal corporate politics, women tend to flee rather than put up a fight.

The researchers’ conclusions indicated that “organizations that wish to combat the phenomenon of sexual harassment ought to set clear policies that minimize uncertainty and the risks that confront a female worker who wishes to make a complain.” Women should not stand silent in the fight against sexual harassment in the workplace and should be encouraged to speak up if such an instance occurs, no matter the degree of sexual harassment.

Karin Keegan, a 37-year-old female Delta Airlines flight attendant, is suing JetBlue Airways and Delta Air Lines for sexual harassment. Ms. Keegan complained to the Equal Employment Opportunity Commission and was given the right-to-sue letters late last year. Due to an agreement, Delta flight attendants are ferried to their job assignments by JetBlue flights. Ms. Keegan claims that a male JetBlue flight attendant denied her access on the work-related flight because she was not dressed provocatively enough. The male JetBlue flight attendant wanted her to wear a lower-cut shirt and tighter pants. When Ms. Keegan changed her outfit to appease the JetBlue attendant, she was told that she was too late to board the flight. In addition, flight attendants of lower seniority were allowed to board the flight without issues with regard to their clothing.