New York Employment Attorneys Blog

Sexual harassment in college and university settings has long been a problem, but only recently has drawn national attention. Two key recent scandals at Pennsylvania State University and Syracuse University are the cause of this new attention, and also growing concern.

It was a shock to hear that, after decades of cited sexual abuse and molestation, the assistant coach of Pennsylvania State University's successful football team was finally indicted and investigated. The investigations, while still ongoing, have revealed shocking patterns of university cover ups. How could that many years of abuse and harassment be brushed under the rug?

However, this type of sexual abuse and harassment is widespread, from single victim cases to ones involved multiple victims. Recently, Syracuse University faced a similar situation with their associate head coach of the men's basketball team, Bernie Fine. Despite abuse dating back to 1884, and various reports made to the administration during that time, Mr. Fine did not suffer any adverse employment actions until his termination last week. The termination arose because a third potential victim came forward and an incriminating voice recording of Mr. Fine's wife speaking to a victim of Mr. Fine's abuse.

Do you feel you have been subjected to sexual abuse or harassment in your university or college setting? Has the administration not dealt with your claim fairly, or at all? Contact The Harman Firm today.

Sexual harassment occurs in almost all industries. More recently, Penn State has been in the news for allegations that their head coach did not report to police allegations of sexual abuse against minor boys. An eyewitness to sexual abuse reported it to Head Coach Joe Paterno who instructed the eyewitness to the athletic director rather then police. The New York Times reports that "a grand jury said that Spanier, the university president since 1995, was made aware of a report of an incident involving Sandusky." The incident referenced occurred in 2002 and since that time the university has not reported the allegation to the police and no administrative measures have been taken to investigate the incident further.

Whether its sexual harassment, claims of discrimination or mistreatment, universities tend to exercise a hush-hush policy, which keeps law enforcement out. Without such policies, maybe there would be a much clearer picture as to how much more pervasive sexual harassment is than the average person thinks.

The current story concerning coach Joe Paterno has made national headlines and also caused an uproar from supporting Penn State students who did not wish for Paterno to be fired. This case has just come to light and it is quite certain that even more details will be revealed in the time to come to indicate further abuse of power by large corporations such as universities.

Sharon Bialek is the first woman to come forward publicly with allegations of sexual harassment against Herman Cain. On November 7, 2011, she came forward to say that Mr. Cain made unwanted and rough physical advances on her 14 years ago when she sought his assistance in getting employment.

Ms. Bialek is now the forth woman known to have made accusations of sexual harassment against Mr. Cain. Cain's representatives have denied the accusations made by Ms. Bialek. During a press conference, Ms. Bialek detailed her encounter with Mr. Cain.

She described that Mr. Cain "ran his hand up her skirt, reached for her genitals and pulled her head towards his crotch." When Ms. Bialek objected and referenced to the fact that she had a boyfriend and stated" What are you doing?...this isn't what I came here for." Mr. Cain's response was "You want a job, right?"

Cain's camp released the following statement: "the allegations were coming from a woman with a long history of severe financial difficulties, including personal bankruptcy, [and that] there is no record, nor even a complaint filed on the alleged incident."

While many claims of sexual harassment go unrecorded and don't make it into a court case, it seems odd that Cain's camp would make such a public statement attacking the character of Ms. Bialek and not referencing the particular incident. Cain's representative's even go as far as to attack Ms. Bialek's choice of lawyer, as she is being represented by Gloria Allred who is known for representing various women in huge scandal cases.

20 years ago, sexual harassment in the workplace was brushed under the table by many, often even by the victims themselves who felt they had no recourse through their jobs or even Courts to stop the harassment.

Today things are much different, thanks to the actions in large part of Anita Hill. Twenty years ago, Ms. Hill testified in front of the Senate Judiciary Committee, which at that time was comprised of only men, speaking out against Supreme Court-nominee Clarence Thomas. Ms. Hill testified about the decade-long sexual harassment and abuse she had endured while working under Mr. Thomas at the Equal Employment Opportunity Commission, which Commission ironically enough is the very government body which seeks to vindicates rights of employees who have been mistreated in their jobs in a variety of manners. In that year alone, the E.E.O.C. saw a 50 percent increase in the number of charges filed by employees claiming sexual harassment or abuse.

Although social awareness of sexual harassment has come a long way, it still has a long way to go. While many employers now offer classes regarding how to deal with sexual harassment in the workplace or other types of discrimination, it often does not prevent sexual harassment from occurring entirely.

The Harman Firm is dedicated to advocating for the rights of victims of sexual harassment in the workplace. Do you feel you are the victim of sexual harassment? Call today to speak with an attorney about your rights.

The EEOC is filing a class action on the behalf of three female employees of Fred Meyer's local branch in Oak Grove (OR) alleging the company did not protect them against harassment inflicted by a regular costumer.

According to the Federal Agency, the costumer touched one of the employee's breasts, groped her knee and and rubbed up against her body. Although many employees complained, they were instructed to continue serving the costumer

Fred Meyer has already dealt with issues regarding sexual harassment in the workplace in the past. In 2008, at the EEOC's urging, the company agreed to settle a case involving a manager harassing his subordinates, and paid $485,000.

Back then, Fred Meyer agreed to provide its employees with specific anti-discrimination training. As this training does not seem to be entirely successful, the suit the EEOC just filed seeks damages not only for the three alleged victims but also aims at changing Fred Meyer's policies and training in order to prevent such issues in the future.

During Mayor Michael R. Bloomberg's first two terms in office, the number of lawsuits by employees accusing the city of discrimination was 12 percent higher than the number during Rudolph W. Giuliani's two terms as mayor.

The legal claims came from employees in a wide range of departments and the alleged discriminations are based on various criteria: age, sex, sexual orientation and sexual harassment, ...

These information were provided by the city under the Freedom of Information Act.

"This administration is just not serious about civil rights enforcement" said Craig Gurian, a former counsel to the New York City Commission of Human Rights who is now executive director of the Anti-Discrimination Center of Metro New York. Opponents to the Bloomberg administration criticize its policy and think that the heavy caseload and the settlement payouts raise questions about the city's efforts to tackle discrimination. From 2002 to 2009, the city settled over 400 employees discrimination cases, for more than $69 million.

Representatives of the Bloomberg administration argue that the municipal work force has risen since Mr. Giuliani's administration and that the increase in discrimination claims reflects an ailing economy, as well as a growing willingness among employees to speak out and seek legal redress, as encouraged by the administration. Yet, some plaintiffs still think that it is hard to speak out, as they fear retaliation.

Workplace discrimination is also an issue in Mr. Bloomberg's business life. The firm he founded and led, Bloomberg L.P., has been battling a long-running lawsuit contending that Mr. Bloomberg and top managers created a hostile workplace for pregnant employees. Mr. Bloomberg testified for about eight hours in 2009 and the case is expected to go to trial next year.

Michigan State University has released a new study which indicates that sexual harassment might have become so commonplace that women have built up an immunity to it. The study, published in the Journal for Psychological and Personality Science, surveyed more than 6,000 women in all five branches of the US Military.

The study was intended to explore how men and women view harassment and whether they viewed it as burdensome, frightening and how it impacted their psychological well-being. Surprisingly, the study revealed that that men are much more likely to report sexual harassment, reporting it either when it was bothersome or frightening, but women were less likely to report the harassment, reporting it only when it was frightening. Researchers caution, however, that these results do not suggest in any way that sexual harassment is less distressing for women than men.

The Harman Firm, PC is dedicated to eradicating sexual harassment in the workplace.

Researches at the University of Tennessee have released a provocative new study, published in the Journal of Social and Personal Relationships, which suggests that men who blame females for being targets of sexual harassment are likely to be sexual harassers themselves. Their study was focused not so much on why sexual harassment happens but why people are willing to excuse it.

The researchers conclusions were drawn from a study which sampled 119 college men, from ages 18 to 23, which asked them to react to a hypothetical situation. While some of the males sampled related to the victims, others related to the harassers. Those who related to the harassers were more likely to blame the victims for the sexual harassment.

When sexual harassment occurs in the workplace it is mostly the victims themselves who come forward to report the situation in which they feel harassed. But what happens when it is someone else? What rights do they have?

In fact, a lot. Federal laws, namely Title VII of the Civil Rights Act of 1964, not only protect a victim from retaliation from his or her employer, but also the person reporting the abuse. In a recently filed case, the EEOC charged Gold International, Inc. with retaliation against a male employee who had reported sexual harassment of several of his female coworkers. The day after filing an internal grievance, Jeffrey White, the former employee of Gold International, Inc., was terminated. Although Gold International, Inc. offered to rehire Mr. White, the rehiring was conditioned on Mr. White withdrawing his EEOC claim for retaliation. Gold International, Inc. later rehired Mr. White, only to terminate him weeks later. Upon being questioned as to why it was important to pursue cases like these, local EEOC representatives expressed his feelings that "the threat of retaliation can prevent employees from raising legitimate concerns with their employer out of fear for their jobs."

Do you feel there is sexual harassment around you in the workplace? Does it make you or others feel uncomfortable? Speak with an attorney today.

The vast majority of sexual harassment cases which are brought before judges involve males sexually harassing females. However, this is certainly not the only form of sexual harassment.

In a recent case taken on by the EEOC, male employees of Prestige Home Centers, Inc. complained of inappropriate touching and groping, requests for sexual favors, and sexually explicit and embarrassing comments. In a settlement which has just been reached, Prestige has agreed to injunctive relief enjoining the company from permitting further sexual harassment, adopt new sexual harassment policies, implement a sexual harassment committee and anti-discrimination training, and report all sexual discrimination claims directly to the EEOC. Although this sexual harassment endured by the male employees of Prestige was not what is generally considered traditional sexual harassment, it was clearly a violation of the male employee's rights.

Are you the victim of non-traditional sexual harassment or any other type of sexual harassment? The Harman Firm is committed to eliminating sexual harassment in the workplace.

The Harman Firm is committed to regularly addressing and working to expose and prevent further sexual harassment on on college campuses.

Title VI of the Civil Rights Act of 1964 states "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." It is a remedial (rather than punitive) statute designed to eliminate financial participation of the federal government in illegal discrimination. Title VI claims cannot be brought against individual defendants as they do not receive federal funding. In college and university settings, Title VI has been invoked in racial and ethnic discrimination and harassment cases. It has also been used in affirmative action cases. Sexual harassment cases, however, are made using either Title IX or Title VII of the Civil Rights Act.

Title IX was enacted by congress in the Education Amendments of 1972 and states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..." Title IX is identical to Title VI, except that Title VI "prohibits race discrimination, not sex discrimination, and applies to all programs receiving federal funds." The Supreme Court has held that "..."sexual harassment" is "discrimination" in the school context under Title IX..." Other courts have held that sexual discrimination cases against institutions receiving federal funds should be brought under Title IX, not under Title VI. "Because [Title VI] does not forbid sex discrimination, Plaintiffs' Title VI claim against the Army is dismissed with prejudice." "Indeed, the legislative history reveals that Title IX was designed to fill the gap left by Title VI of the Civil Rights Act of 1964, which did not prohibit discrimination based on sex."

Title VII prohibits (with some exceptions) discrimination in employment situations based on race, color, religion, sex and national origin. It has been used successfully in cases relating to sexual harassment in the work place. "...the language of Title VII is not limited to "economic" or "tangible" discrimination... in 1980 the EEOC issued Guidelines specifying that "sexual harassment," as there defined, is a form of sex discrimination prohibited by Title VII."

Title VI is applicable to racial and ethical harassment cases in college or university settings but for sexual harassment cases involving federally funded programs, Title VII or Title IX applies.

In recent years, much has been done to raise awareness of sexual harassment in the workplace, and how to go about identifying and reporting such behavior. However, this practice still affects scores of workers, with more and more individuals reporting sexual harassment in an academic setting. Under Title IX, sexual harassment falls under discrimination in an academic setting. Harassment in an academic setting can take many of the same forms it does in a work environment -- name calling, unwanted advances, touching, inappropriate conversation and more.

What makes sexual harassment in academia more difficult and problematic is that while harassment is defined as unwanted behavior, professors and administrators have a great degree of perceived power and control over students, making it often hard to achieve a true sense of consent. Professors, like employers and supervisors, can often take advantage of the relationship between student and teacher to get away with such unwanted sexual behavior.

Professors can make it seem as if willing participation in such activity is a requirement due to their relationship, and can often exert their influence in extreme ways. Their behavior is different from others on the street in that it is an exploitation of the expectations of the student/teacher relationship. This is further compounded by the fact that tenured professors often enjoy relative job security, and a high degree of professional respect.

Your Rights
As a student, you have rights to ensure that you do not have to tolerate sexual harassment. No individual should be subjected to, or exploited by, sexual harassment as carried out by professors. Contact our office today to explore your rights and options for pursing your case.

The Harman Firm, P.C. serves the New York metropolitan area including Manhattan, Brooklyn, Queens, Westchester, White Plains, Nassau and Suffolk Counties.

A pair of trainers at the David Barton Gym in Chelsea, New York have filed a lawsuit alleging that they were discriminated against repeatedly for being lesbians. The pair, a personal trainer and a pilates instructor, reportedly were on the receiving end of numerous comments and harassing actions by their superiors.

One of plaintiffs stated that she was continually called derogatory slurs and that her direct manager saved her name in his phone as "Dyke". The two also claim that other trainers would proposition them for sex, and tell them that they should go vacation on the island of Lesbos.

The pair complained about their harassment by superiors and managers at the gym. The gym, rather than responding to the allegations, terminated the two employees on December 2nd stating that they were terminated for training non-members. The pair stated that other straight trainers were doing the same, and were not even reprimanded for their behavior.

The gym was founded in Chelsea in 1994 and is generally considered a gay-friendly gym, making these allegations all the more troubling. A non-related lawsuit was filed by a member in 2005 claiming that he was repeatedly hit on by gay members at the gym and was sexually harassed by employees and members.

We've seen a dramatic rise in anti-gay employment discrimination coming to light. This is not to say this behavior is new or demonstrates a new attitude, rather that it's likely that more and more individuals are comfortable with coming forward with these claims and standing up for their rights. If you feel you've been discriminated against because of your sexual identity, contact us today to evaluate your rights.

Two former massage therapists for the playoff-bound Jets have sued their former employers, claiming that they were terminated after complaining about lewd texts from star quarterback Bret Favre. The therapists, Christina Scavo and Shannon O'Toole claim they were sent texts from Favre where he requested sex from the two.

Scavo showed the texts to her husband, who reacted towards Favre angrily, prompting further outbursts from him. Scavo claims that when she reported the texts to the Jets, she was no longer asked to come back to provide any massage services to the team. O'Toole, who is friends with Scavo, claims that she was terminated since Scavo had gotten the job for her.

The Jets have been no strangers to controversy this season, with reporter Jenn Sterger claiming that Brett Favre inappropriately texted her, while reporter Ines Sainz came forward with allegations that the Jets' locker room was a wild den, and was sexually harassed and cat-called in the presence of the team.

The incident raises many issues with what constitutes sexual harassment in the age of mobile technology. As we've reported before, the definition of sexual harassment is any unwanted comments, gestures or remarks based on an individuals sex and extends to text message harassment. Read more on sexual harassment and what you can do about it on our website.

The NFL has had its share of scandals so far this year, with Braylon Edwards DWI and the Jets' locker-room antics which had a reporter claim she had been sexually harassed by players on the team. But new allegations have surfaced involving a sports reporter and superstar quarterback Bret Farve.

The reporter, Jenn Sterger, was working with the Jets when the longtime Green Bay Packer made the move to play quarterback for the New York Jets. During this time it is alleged that Farve left numerous racy voicemails for her, and sent her explicit pictures.

What had allegedly occurred nearly two years ago is quickly becoming a extremely tenuous situation for the National Football League, who are now dealing with sexual harassment allegations against with one of the most high profile athletes in the game.

This situation, while still unfolding, brings to light the fact that sexual harassment can encompass a wide variety of situations and is not limited to conduct of one's employer or coworkers. Sexual harassment in the workplace can be any unwanted gestures, touch, statements, or contact directed at an individual. While employers have a duty to ensure the business is compliant with sexual harassment laws, these actions can be carried out by third parties and could make the employer liable for this behavior.

Read more about sexual harassment on our website here. No employee should be subjected to such treatment, and we believe that employees should stand up for their rights.

Now that school has returned, and the Summer long gone, The Harman Firm would like to remind everyone of the problem with college sexual harassment. While most people are aware of the problem of sexual harassment and discrimination in the workplace, the uniqueness of the college setting presents an entirely different spin on sexual harassment.

Like in the workplace with employees and supervisors, there is a power dynamic between students and their professors. Professors can take advantage of this power-balance to leverage a sexual relationship from students and take advantage of them. Students are often reluctant to complain about such behavior, fearing it will lower their grades or get them ostracized on campus.

The Harman Firm believes that all victims of college sexual harassment should stand up and expose those individuals that have taken advantage of them. All people should have the ability to get an education without the threat of harassment and retaliation.

For more information on what college sexual harassment looks like, please watch the clip below:

Continue reading "College Sexual Harassment " »