Earlier this month, the federal district court in Manhattan issued a new opinion that provides important clarity about what you do – and do not – have to establish for a viable claim under New York City’s Gender Motivated Violence Protection Act. The decision for the employee is a reminder of the breadth of coverage that the GMVPA affords those who have survived sexual violence. If you have endured this type of misconduct, do not hesitate to contact an experienced New York City sexual harassment lawyer about holding those wrongdoers accountable.
The case pitted a hedge-fund-manager-turned-luxury-gym-mogul against one of the personal trainers who worked at the gym’s flagship location in Midtown.
The CEO’s initial communications with the trainer were professional, mostly centering around promoting a new spa at the Midtown gym. Soon after that, the communication allegedly became unprofessional. The CEO made inappropriate comments about the trainer’s body and texted the trainer almost every day “about non-work-related matters,” according to the lawsuit.
In August 2022, the trainer accepted a meeting with the CEO at the apartment of the CEO’s brother. The trainer “was hopeful that it would be a working dinner leading to new opportunities for her at” the gym. Instead, the CEO insisted that she stay for a movie after dinner, during which he groped her without her consent.
After the trainer resigned, she sued the employer and the CEO. Among other things, she alleged a claim against the CEO under the GMVPA.
The GMVPA gives a survivor of “a crime of violence motivated by gender” the right to pursue a civil lawsuit for the harm they endured as a result of that crime. Under the law, survivors may recover both compensatory and punitive damages.
The CEO said the trainer’s GMVPA allegation did not add up to a viable claim. Specifically, the CEO argued that the trainer did not assert that his misconduct presented “a serious risk of physical injury," and that absence inherently doomed the claim.
The judge disagreed. The ruling for this employee makes clear that if the crime you alleged was a crime “against the person,” then the law does not demand that you establish a risk of physical injury.
Qualifying as a ‘Crime of Violence’
To be a “crime of violence” in this context, the law requires that the conduct be motivated, at least in part, by gender-based malice and that it “constitute a misdemeanor or felony against the person as defined in state or federal law or… a misdemeanor or felony against property as defined in state or federal law if the conduct presents a serious risk of physical injury to another.” The law also says that a crime triggers a right to sue under the GMVPA regardless of whether or not the underlying crime "actually resulted in criminal charges, prosecution, or conviction.”
As the judge pointed out, the requirement (of pleading that the abuse posed a “risk of physical injury”) only applies if the underlying crime the victim alleged was a crime against property. If the victim pleads a crime “against the person,” no “risk of injury” requirement exists.
The trainer’s lawsuit alleged a violation of New York’s criminal law against forcible touching. The court concluded that, when the trainer asserted that the CEO reached under her shirt and touched her breasts, then touched her genital area over her clothes, she sufficiently pled all the elements of a forcible touching crime under Penal Law Section 130.52. The GMVPA imposed no secondary requirement that the trainer allege that the touching posed a risk of physical injury to her.
The GMVPA’s ‘Lookback Window’
The misconduct the trainer allegedly endured was recent, but New Yorkers who have experienced sexual assault or sexual harassment should note that, for a few more months, they can sue for the misconduct they endured regardless of how long ago it happened. In 2023, New York City opened a two-year “lookback window.” From March 1, 2023, to February 28, 2025, survivors can bring lawsuits and those allegedly responsible cannot defeat those survivors’ claims by arguing the misconduct occurred too long ago. If you survived a crime of gender violence several years ago, it is critical that you contact legal counsel as quickly as possible about your case.
At Phillips & Associates, our dedicated New York gender-motivated violence attorneys are determined to be a powerful and effective voice for survivors. We proudly represent survivors from across all of the city’s five boroughs. To find out how to put our knowledgeable and experienced team to work for you, contact us online or at (833) 529-3476 to set up a free and confidential consultation.