In some areas of the law, a single incident of behavior that causes injury is considered too isolated and not egregious enough to permit the victim to take legal action. That is not the case in New York when it comes to laws regarding sexual harassment. To the contrary, federal court decisions in New York have made it clear that even just one instance of someone inappropriately touching you can be sufficient grounds to allow you to seek justice based on sexual harassment and a hostile work environment. If you have been groped, grabbed, or otherwise on the receiving end of improper personal contact, you should speak to an experienced New York sexual harassment lawyer about the legal options that exist for you.
The alleged harassment of a Brooklyn woman reiterates this reality.
The employee, G.M., was a New York City-based marketing professional who began working as a “Brand Steward” for a whiskey company in October 2020. Just a few months into G.N.’s employment, her supervisor, a vice president of sales, allegedly began engaging in inappropriate flirtatious banter that included repeated questions about the steward’s partner.
Six months later, at an in-person company retreat in Nashville, Tennessee, the VP allegedly patted the steward on her upper back, then “slid his hand down her back, and ‘let his hand rest on [her] buttocks momentarily.’” The steward later confronted the VP, telling him “you touched my butt and I didn’t like that. I would prefer you respect my space.”
Despite this rebuke, the VP allegedly grabbed the steward again four days later. Like the first incident, the VP allegedly “patted [her] upper back and slid his hand down [her] buttocks,” according to the steward. The alleged grope lasted less than one minute but more than a few seconds.
The VP also sent the steward several late-night text messages that she found inappropriate. By early December 2021, she had resigned.
The steward sued the employer for sexual harassment and a hostile work environment under the New York State Human Rights Law and the New York City Human Rights Law. The employer asked the judge to toss the case. Specifically, the employer argued that it was entitled to summary judgment because the steward’s assertions “do not rise to the level of harassment as a matter of law.” Specifically, the employer categorized the totality of the woman’s assertions amounted to nothing more than “petty slights or trivial inconveniences.”
'Severe' Sexual Harassment
The court made it clear that, even absent the text messages or the repetitive questions about the woman’s partner, her allegations that the VP touched her buttocks alone were enough to defeat the employer’s claim for summary judgment. Previous rulings from the Second Circuit Court of Appeals have made it clear that “direct contact with an intimate body part constitutes one of the most severe forms of sexual harassment.” In the last decade and a half, numerous federal district courts in New York have said that even a single unwanted touch with an “intimate body part” can be enough to demonstrate the existence of a hostile work environment.
In at least two cases, a single occurrence of groping, grabbing, or fondling buttocks established a hostile work environment. The whiskey company said those incidents were different because they involved “more overtly sexual and demeaning conduct,” including “allegations of other sexually explicit advances and comments.”
The court said that did not matter and that the law was “clear.” Was the plaintiff touched? Was it unwanted? Did the unwanted touching involve an intimate body part? If the answers to these three questions are all yes, then the plaintiff has a viable claim.
That is true even if the unwanted touching happened only once. In the steward’s case, it allegedly happened twice, so she plainly had enough to demonstrate something more than petty slights or trivial inconveniences.
Sexual harassment and hostile work environments can take on many different forms. They may involve a seemingly endless (and sometimes daily) stream of inappropriate jokes, comments, insults, actions, and other behaviors. Alternatively, they may include just one instance of highly egregious inappropriate conduct, such as the unwanted touching or grabbing of an intimate body part. If you have encountered and endured either of these situations, you need to know that you can seek justice through the legal system, and the knowledgeable New York City sexual harassment attorneys at Phillips & Associates PLLC can help. We have successfully taken on small employers and major corporations alike to vindicate the rights of our clients to pursue their careers in harassment-free workplaces. To learn more about how we can help you get justice, contact us online or call (866) 229-9441 to schedule a free and confidential consultation today.