Getting justice in a sexual assault or sexual harassment matter can be complex, as it often means holding accountable not only the individual but also the entities that tolerated, shielded, and enabled the wrongdoer. Succeeding in a claim for employer liability generally involves demonstrating that the employer knew or should have known about the problem but did not respond appropriately. Given those boundaries, an employer liability claim can sometimes be won or lost based on the information you accumulate during discovery. With that in mind, having a knowledgeable New York sexual harassment lawyer on your side is critical as you navigate discovery and all other aspects of your case.
Last week, this blog highlighted company holiday parties and the potential for sexual harassment and discrimination, especially when the parties involve alcohol. Today, we are looking at a sexual assault case that began with... a corporate holiday party and copious amounts of alcohol.
The employer, an advertising agency headquartered in the South Village, held a "holiday happy hour" for employees on Dec. 15, 2022. The event included numerous rounds of drinks across multiple bars.
Late in the night, the company's creative director offered to accompany S.O., a female social media strategist, to a subway station. The man guided the extremely intoxicated strategist not to the subway but to the employer's office, where the woman passed out.
Several months later, the director told the woman that the two had engaged in sexual relations that night in December. The woman alleged that she was too impaired to consent and that the director had raped her.
The strategist advanced sexual harassment claims under federal, state, and city law. As an essential part of her basis for holding the employer liable, the strategist asserted that the director was "an open and notorious sexual harasser" -- which the employer "knowingly tolerated" -- and his track record predated the 2022 holiday party.
To substantiate that claim, the strategist sought disclosure of all sexual harassment and sexual assault claims made by employees of the ad agency from 2014 forward. The employer turned over only the complaints that occurred during the strategist's tenure with the company, which did not start until February 2022.
This kind of evidence can be crucial to holding an employer accountable for tolerating a sexual predator on its team. In New York, employers have a legal obligation to prevent or stop all sexual harassment that the employer knew about or reasonably should have known about. Establishing that an employee had a substantial history of sexually harassing or assaulting other employees, that the employer knew about these incidents, and that the employer did not take corrective action against the harasser can meet that burden of proof.
When you, as a victim, make this kind of discovery demand, the employer bears the burden of either producing or proving to the court why it should not have to. Employers -- including this ad agency -- often will fight against producing these records, arguing that they are "irrelevant" or that the request is "overly broad."
The court disagreed in this case. The standard under the Federal Rules states that information requested in a civil case is discoverable if it "is relevant to any party's claim or defense and is proportional to the needs of the case." Applying that rule, the court found that complaints predating the strategist's arrival could be relevant. However, it limited the applicable dates to February 2020 (two years before the woman started with the company) and August 2024 (when the strategist separated from the employer).
Courtroom television shows generally focus on trials because that is widely viewed as where the "drama" occurs. In the real world, civil actions may be won or lost long before any party makes an opening statement at trial. This includes discovery, where getting all the documents and other information that the rules you're allowed can be the key to succeeding and achieving justice. When it comes time to take on your employer (and others) for the harassment or sexual assault you endured, you need a skillful advocate on your side. The experienced New York sexual harassment attorneys at Phillips & Associates are here to help, fighting diligently to ensure you get everything you are entitled to. To learn more, contact us online or at (866) 229-9441 to set up a free and confidential consultation today.