After you have endured workplace sexual harassment, getting justice often is about a variety of things. It may include obtaining essential compensation for the harm you experienced, but it is often about much more than just a money payout. It is about identifying and holding accountable everyone who played a part in your harassment. Doing that may mean holding a party – such as an employer – responsible for the actions of others. Succeeding in these legal actions requires an experienced New York sexual harassment lawyer with an in-depth understanding of the law in this area.
The federal sexual harassment case of a New York flight attendant is an example of these principles in action.
S.P., a female flight crew member, and S.T., a male colleague, were both crew members working the airline’s JFK-to-San-Francisco route. While taking an elevator to their hotel rooms during an overnight layover in California, the man allegedly said, “She going to my room tonight. We going to have some fun,” and yanked the woman from the elevator toward his room. The victim allegedly had to dig her fingernails deeply into the man’s neck to get away.
The woman later sued both her harasser and the airline for sexual harassment.
Employer Liability for Harassment by a Non-Supervisor
A victim of sexual harassment who seeks to hold an employer liable for the harasser’s conduct can do so in various ways. If the harasser was the victim’s supervisor, the employer is automatically liable.
If, as was the case for this New York flight attendant, the harasser was not a supervisor, employer liability is not automatic but can be achieved by proving additional facts. In this circumstance, you have to demonstrate that your employer had insufficient protocols to prevent sexual harassment and that your employer responded inadequately to your sexual harassment complaint.
The victim in this case had multiple forms of evidence indicating that the employer’s response was insufficient. After the airline opened its investigation, a “crew relations” representative contacted the victim, but allegedly asked her not about the assault but whether she spoke to the alleged harasser “about sex or her divorce at any time during the February layover.”
After the investigation concluded, the airline did not fire the man. The crew relations representative “coached” him regarding the employer’s “anti-discrimination and anti-harassment policies as well as the Respectful Workplace Policy, and directed him to treat [S.P.] professionally and respectfully if he ever encountered her at work in the future.” The airline also issued the harasser “written discipline in the form of an Initial Guidance for violating [the employer’s] Respectful Workplace Policy.”
The employer told the victim that “it could not guarantee that” she would have to work with the man in the future. Rather, the airline informed her that “it would be up to [her] to avoid working the same flights as” the man.
'...More Was Required' of the Employer
On the surface, the employer’s steps appeared sufficient. The pair never worked together again and the victim saw the man exactly once after the assault. A well-presented case, however, can reveal that things are not what they seem on the surface. In the flight attendant’s case, the judge rejected the airline’s attempt to get the case thrown out. In denying the employer’s request for summary judgment, the court noted that the airline “took certain prompt and meaningful actions in response” to the woman’s allegations, but also concluded that “a reasonable jury could find that more was required.”
While the victim did not experience additional instances of sexual harassment, that fact arguably was the result of steps the victim took, not the employer. Specifically, the woman alleged that she and the man never worked together again, not because of things the airline did, but because she was proactive in ensuring that she was never scheduled on the same flights as the man.
As the court noted, even though the harassment did not reoccur, that was just one fact among many a jury could consider and, even in the absence of additional harassment, a jury could determine that the airline’s steps fell short.
Seeking to hold your employer accountable for sexual harassment you endured at work can seem daunting. Whether yours was a hostile work environment or quid pro quo harassment, and whether you work for a small business or a Fortune 500 corporation, the diligent and skillful New York sexual harassment attorneys at Phillips & Associates are here to help you level the playing field. Before, during, and after trial… in negotiation, mediation, or litigation, we are by your side using our knowledge and experience to ensure you get justice. To learn more, contact us online or at (866) 229-9441 to set up a free and confidential consultation.