New York Sexual Harassment Lawyer Blog

Sexual Harassment at an Ivy League University

Mon, 06 Feb 2012 07:22:06 -0500

The New York Times is reporting that Yale University, a beacon of Academic excellence, has released its first report describing its handling of over 52 allegations of sexual misconduct by students and employees, including faculty members. The charges range in severity from harassing remarks to rape. Yale University is trying to increase its transparency as part of an effort to rehabilitate its image after it was criticized for how it handled some cases of sexual harassment, in particular, a case involving pledges of a school fraternity. The new system that Yale has in place has centralized the authority for those cases into a single, University-Wide Committee on Sexual Misconduct.

Schwartz and Perry is a New York law firm that specializes in employment discrimination and has attorneys who are dedicated to helping victims of employment discrimination. Employment discrimination goes further than just sexual harassment, some employees are discriminated against for their age, race, or gender as well. If someone you know has been a victim of employment discrimination, give Schwartz and Perry a call so that they can help fight for an individual's rights.

The full article can be found on the New York Times website.

NYPD Allegedly Fires Woman for Refusing to Drop Sexual Assault Charges

Fri, 30 Dec 2011 19:07:04 -0500

A 26 year-old woman is suing the New York Police Department (NYPD), claiming that she was fired because she refused to drop a complaint against a co-worker who allegedly sexually assaulted her in May 2008. Since she first pressed charges, the woman claims that several high-ranking officers continually urged her to drop the prosecution, but that she refused. The NYPD retaliated when the woman refused to drop the charges. The woman, a former civilian employee who had hopes of becoming a police officer, has suffered significant negative consequences as a result of this refusal. These consequences include being rejected from entry to four police academy classes between January 2009 and March 2011 and being terminated from her civilian job with the NYPD.

According to the woman’s lawyer, her career was disrupted by the NYPD and the NYPD made her feel “vulnerable and unprotected”. The NYPD claims that the woman was fired not because she continued to press charges but because a residency check indicated that she did not live at the Bronx address where she claimed to have lived. The woman insists that she did live at the address during all times relevant to the complaint.

This case is indicative of the fact that any employer, including the protectors of our peace, may be guilty of workplace discrimination. It is unfortunate that the Plaintiff, who has already suffered by being the victim of a sexual assault, did not have the support of her co-workers, and more importantly, the New York Police Department. This case is especially heinous not only because of the alleged retaliatory efforts of the woman’s employer, but also because of who her employer was.

The full Daily News article can be found here.

New York Woman Brings Sexual Harassment and Retaliation Claim Against the Staten Island Ferry

Tue, 06 Dec 2011 06:34:01 -0500

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.

Court Permits Sexual Harassment Claim in New York City to Proceed to a Jury Trial

Wed, 30 Nov 2011 09:07:53 -0500

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.

Presidential Candidate Herman Cain in Sexual Harassment Allegations

Thu, 03 Nov 2011 09:28:28 -0500

Presidential Candidate Herman Cain has spent the past two days denying a Politico.com report claiming two women had accused him of improper sexual behavior in the 1990s. Cain commented, “I was falsely accused of sexual harassment and when the charges were brought, as the leader of the organization, I recused myself and allowed my general counsel and my human resources officer to deal with the situation.”

Cain got into trouble when he made inconsistent statements to press. He initially told reporters he was unaware of any settlement, but then he acknowledged he did know of a settlement offer made to one of the women. He later told Fox News’ Greta van Susteren, “Maybe three month’s salary. I don’t remember. It might have been two months. I do remember my general counsel saying we didn’t pay all of the money they demanded.” It’s unknown whether the second woman has retained a attorney, or if she has requested to speak publically about the matter. Politico reported both women had received five-figure payouts from the National Restuarant Association to settle the claims. Cain told van Susteren he is unaware of any formal charges brought by a second woman, but that she had evidently alleged an “unwanted sexual advance.”

Cain said he knew both women. He recalled that one of them was a writer for the NRA. Cain told van Susteren, “She was in my office one day, and I made a gesture saying - and I was standing close to her - and I made a gesture saying you are the same height as my wife. And I brought my hand up to my chin saying, ‘My wife comes up to my chin.’ And that was put in there as something that made her uncomfortable, something that was in the sexual harassment charge.” Cain also boasts that the allegations were given a “thorough” investigation by association’s general counsel and human resources chief, and that he was cleared. Yet, Mary Ose, the retired human resources supervisor at the restaurant association told Politico that she had never even heard of the allegations.

As rumors swirl about sexual harassment allegations against Cain in the 1990's, it remains unclear whether or not the accuser will be able to tell her story. Joel Bennett, attorney for the claimant, says its unlikely she will be speaking to the media any time soon because of a confidentiality agreement she signed as part of a settlement with the NRA. Sources say the NRA is carefully looking at its legal obligations before deciding whether or not to waive the agreement. The New York Times reported that she received $35,000 (one year’s salary) in severance pay to leave the organization.

Cain says the bull’s-eye on his back is getting bigger but promises there are no other skeletons in his closet. Only time will tell how this situation will impact Cain’s favorable status in the polls, but so far supporters are rallying behind him. The campaign released Monday that they had received $400,000 in donations after the allegations surfaced.

Sexual Harassment Lawsuit Filed Against Hotel in New York Supreme Court

Fri, 21 Oct 2011 07:00:37 -0500

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

Lawsuit Under the New York City Human Rights Law Claims Reverse Sexual Harassment

Wed, 28 Sep 2011 07:14:38 -0500

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.

University of Texas Associate Athletics Director for Football Operations Fired for Harassment

Thu, 15 Sep 2011 06:58:06 -0500

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.

Employer Claims Employee is “Too Ugly” to Sexually Harass

Thu, 18 Aug 2011 12:56:39 -0500

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

Sexual Harassment Complaint Filed Against Landmark New York City Restaurant

Wed, 29 Jun 2011 11:34:38 -0500

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.

New York City Police Sergeant Files Sexual Harassment Complaint

Mon, 20 Jun 2011 08:16:00 -0500

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.

Sexual Harassment Lawsuit Against New York City Nightclub Owner

Wed, 08 Jun 2011 10:28:52 -0500

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.

The entire article is available from Reuters.

Sexual Harassment Lawsuit Against a New York City Television Station

Mon, 25 Apr 2011 08:18:26 -0500

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 Hostile Work Environment Claim Filed Against Marc Jacobs in New York City

Wed, 30 Mar 2011 07:52:24 -0500

A sexual harassment and retaliation lawsuit has been brought against fashion designer Marc Jacobs' company in New York City. Patrice Lataillade states that her former supervisor created a hostile work environment by “displaying gay pornography in the office and requiring employees to look at it.” Further, the complaint states that this supervisor allegedly disseminated a book, which included photos of Marc Jacobs’ staff in sexual positions and required employees to "pole dance."

According to the complaint, after Lataillade complained via e-mail, she was fired less than a week later with the perpetrator allegedly telling other employees that he "takes credit" for her termination. Lataillade was employed from May 1996 to September 7, 2010, and throughout her 14 years of service, Lataillade claims she received consistently outstanding reviews as well as bonuses and promotions.

While Marc Jacobs' company drafted a sexual harassment policy in January 2010, it was not disseminated by Human Resources, and nothing was done to reprimand the perpetrator.

More about this case as available here.

Second Circuit Appeals Panel Reinstates Student’s Sexual Harassment Claim

Tue, 08 Feb 2011 10:02:16 -0500

Daniel Papelino was expelled from a New York pharmacy college after he disclosed that he was sexually harassed to Albert White, the school’s associate dean of student affairs. Papelino alleged that Deanna Nowak, his Chemistry professor, was overly flirtatious and made unwanted sexual advances towards Papelino in her office and even offered to award him extra points on his exam in exchange for sexual favors.

Not long after Papelino complained to Dean White of the sexual harassment, Nowak was charged with spearheading an investigation to determine whether Papelino and his two roommates had cheated on exams. All three students were found guilty of cheating and Papelino was expelled. Papelino brought a sexual harassment claim against the school after a state court found that there was no evidence that Papelino had cheated on any exam. Papelino and his roommates sued the school for retaliation, sexual harassment and breach of contract. These lawsuits were dismissed by the District Court, however Papelino appealed.

The Second Circuit panel found that Dean White did not take Papelino’s sexual harassment allegation seriously and did nothing to investigate the claim. As a result, the panel reinstated Papelino’s claim of sexual harassment against the school.

For more information, see http://www.courthousenews.com/2011/01/26/33654.htm