A few years ago, the International Bar Association conducted a survey focusing on sexual harassment in legal workplaces. The research revealed that more than 1/3 (37%) of women respondents reported enduring sexual harassment. Another survey suggested the incidence of sexual harassment is even higher and is “embedded in the culture” of many legal workplaces. Employees may resist speaking out due to fear of reprisals by their current employers and the loss of opportunities with future legal employers. Obtaining representation from an experienced New York sexual harassment lawyer is one strong way to protect yourself while seeking to hold wrongdoers accountable for their misdeeds.
An essential component of justice for some victims involves putting the alleged wrongdoers in the public spotlight. For victims whose goals include public exposure of the responsible parties, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) can be an essential tool.
That federal statute’s usefulness was on display recently in a New York City case involving a junior associate attorney who was allegedly sexually harassed and then fired shortly after she complained to her firm’s human resources department.
The victim, a new law school graduate, allegedly began experiencing harassment shortly after she started with a large Midtown firm in September 2021. The harasser, a fourth-year associate, declared that the victim adopted a cat because she was “lonely and horny,” according to the complaint.
The harasser also allegedly suggested that the victim get rid of the cat and, in its place, enter a romantic cohabitating relationship with the harasser. When the two women discussed visas, the harasser allegedly proposed that the young associate, a Chinese citizen, obtain work authorization by marrying her, according to the lawsuit.
The victim allegedly feared reporting the harassment because the more senior associate was “well-liked” within the firm but brought the issue to human resources on March 8, 2023. On April 11, the firm closed its investigation, with the harasser suffering no consequences, according to the lawsuit. The victim, however, was terminated on April 27.
The Ending Forced Arbitration Act and Retaliation Claims
The victim’s lawsuit alleged claims of sexual harassment and retaliation in violation of the New York City Human Rights Law. The firm argued that the EFAA did not completely invalidate its arbitration agreement with the junior associate and that the courts should compel the sides to arbitrate the woman’s retaliation claim. The court rejected that argument, declaring that the EFAA “extends to the entirety of the case relating to the sexual harassment dispute, not merely the discrete claims... that themselves either allege such harassment or relate to a sexual harassment dispute (for example, a claim of unlawful retaliation for a report of sexual harassment).”
The only scenario where the EFAA would not invalidate a mandatory arbitration agreement, the court explained, involved cases where the plaintiff alleged both sexual harassment and claims that were plainly separate (such as wage and hour law violations.)
Additional Reminders About Sexual Harassment and Retaliation
This attorney's alleged harassment involved a female victim and a female harasser. It is worth noting that, while studies say that the majority of sexual harassment involves male harassers and female victims, other types of harassment make up a significant portion of sexual harassment incidents. Same-sex incidents may, but do not have to, involve sexual overtures. For example, actionable harassment could be a same-sex harasser requesting sexual favors, but it also could be a heterosexual male worker who repeatedly pinches the buttocks and smacks the genitals of his heterosexual male coworker (even though the harasser had no sexual interest in the victim.)
Furthermore, a viable retaliation claim does not require that you have a winning sexual harassment claim. The law deems retaliation to be any punitive or adverse employment administered because a worker engaged in "protected conduct." Protected conduct includes complaining of illegal workplace practices (such as sexual harassment or discrimination.) In other words, you may have a winning retaliation claim even if the sexual harassment you alleged did not rise to the level of a legal violation, so long as your harassment allegation was a good-faith one.
The ongoing epidemic of sexual harassment inside legal workplaces is a stain on the practice. Workers – whether they are administrative staff, paralegals, or attorneys – harmed by this unacceptable conduct owe it to themselves to seek out knowledgeable information and counsel. At Phillips & Associates, our team of New York sexual harassment attorneys will work diligently to help you get justice. Our attorneys understand that these are sensitive matters and will provide you with thoughtful and effective advice at every step in the process. To learn more, contact us online or at (866) 229-9441 to set up a free and confidential consultation.