Sexual harassment occurs when one either explicitly or implicitly rejects the sexually improper conduct of another and this rejection then has affect an individual's employment in ways such as interfering with one's work performance, or in some cases creating an intimidating, hostile or offensive work environment. The law's intent is to protect the person being harassed, be it either a man or a woman, the harassment also need not be by a member of the opposite sex as the law protects sexual harassment committed by members of the same sex, as well.

An employer demanding sexual favors in exchange for terms of employment such as promotions or raises is forbidden under the law. It is also unlawful for an employer to allow supervisors and other coworkers to create or maintain a workplace that may interfere with your work because of intimidating, hostile or offensive sexual harassing conduct.

Sexual harassment is an area of the law whose components are quite broad, so any attempt to further define its scope would be inappropriate. However, it is essential that should you feel that you may have been or currently are being subject to such conduct it is imperative to contact an attorney with experience in the field to discuss your situation. It is at that point in which the attorney would be able to determine whether any additional inquiry may be necessary.

New York sexual harassment is an area of the law in which Schwartz & Perry has a somewhat unique position. One of the first major lawsuits regarding sexual harassment in the United States was Thoreson v. Penthouse. We represented the Plaintiff who after trial, obtained an award that included punitive damages in the sum of $4 million dollars. Although it was ultimately determined that punitive damages were not permitted under the New York State Human Rights Law, the case called attention to the need for punitive damages as a remedy in appropriate cases where the wrongdoers conduct reasonably renders such relief appropriate.

Subsequently, the New York City Human Rights Law was enacted, and it specifically provided for punitive damages where the circumstances warrant it. Additionally, Thoreson has frequently been cited for the proposition that a victim of sexual harassment can establish her claim based on her testimony alone. The decision in Thoreson also received considerable attention, not only because sexual harassment was a concept that had, to that time, received modest attention, but also because Penthouse was one of the defendants.

Shortly after Thoreson, we represented the Plaintiff in Bracker v. Cohen, another significant sexual harassment case that confirmed the New York City Human Rights Law as constitutional.

Thereafter, we also represented the Plaintiff in the case of McIntyre v. Manhattan Ford brought under the New York City Human Rights Law. After trial in that case, the jury awarded the Plaintiff $6.6 million dollars. Although the award was reduced, the amount of the ultimate award is still one of the highest in the country for a single plaintiff. This again was a case involving sexual harassment.

More details about the trilogy of sexual harassment cases we litigated may be found in another portion of our website. The results we achieved in each of those cases not only involved trial courts but also appellate practice, which required us to devote thousands of hours in researching, drafting, litigating, and processing sexual harassment claims that were significant and, in certain instances, cases of first impression. Everyone in our office was involved in those cases, some of which lasted a good number of years. To this date we continue to serve as counsel for plaintiffs in many sexual harassment and other employment-related cases.

Given the litigation, appellate and trial preparation involved in those cases, we have a significant understanding of what sexual harassment represents and the effect it can have on a victim. As a result of our in-depth and unique involvement in the field of sexual harassment, we consider ourselves well-trained, experienced and competent in this major area of the law.

This bar association is the largest in the country in which its members focus on employment law in their practices.

If you have been sexually harassed in your workplace, Call us now at 212-889-6565 or contact us online.

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