Thirty years ago last month, the film Disclosure debuted in theaters. The movie put the problem of quid-pro-quo sexual harassment squarely in the spotlight but “flipped the script” by depicting a female harasser and a male victim. Today, sexual harassment is not as shrouded in secrecy and shame as it was in 1994, but it nevertheless remains a massive problem in workplaces. If your supervisor (or anyone with power over you in the workplace) has offered to help you in exchange for sex or punish you for rebuffing their advances, that potentially constitutes illegal quid-pro-quo harassment. To learn more about your options for taking action, speak to a knowledgeable New York sexual harassment lawyer.
The potential for sexual harassment exists in any industry. That includes Broadway and, according to a performer in a touring production of The Lion King, it happened to him because he rejected a director’s advances.
W.J. was an understudy for Mufasa, one of the show’s primary characters. The director allegedly told the man that she could “limit his role as an understudy” if he did not accept her sexual propositions. He did not, however, give in.
According to the man’s harassment lawsuit, the director followed through on those threats. The actor subsequently complained about the retaliation, but after he did so, the employer fired him on the first day of his paternity leave.
The actor sued for violations of the New York State Human Rights Law and the New York City Human Rights Law. However, the employer spotted what it deemed a flaw in the actor’s case: the actor resided in Illinois, not New York. The actor appeared on stage in New York State only once (in Rochester) and could not recall if any harassment happened there.
The ‘Impact Requirement’
The trial court, however, denied the defense motion to dismiss the case, rejecting the argument that New York courts lacked subject matter jurisdiction over the dispute. The judge noted that this state’s highest court has declared the NYSHRL and NYCHRL’s protections extend beyond just New York residents. The laws apply to “inhabitants and persons within the state,” with the Court of Appeals directing lower courts to interpret those terms broadly.
Specifically, when a nonresident seeks justice in a New York court under the NYSHRL or NYCHRL, the court will apply something called the “impact test.” This analysis calls upon the judge to assess whether or not the alleged harassment or discrimination “had an impact in New York.” Because the production company behind The Lion King was based in New York City, gave the actor a New York City mailing address to use as his “work address,” and listed the actor’s “Organization Point” as New York City, the trial court concluded that any alleged sexual harassment of W.J. had an impact within New York, even if he resided outside the state.
Workers should not suffer workplace punishment because they did not give in to requests for sex and should not lose their jobs for speaking out against sexual harassment, but far too many do. If you have suffered workplace harm due to these behaviors, you may have one or more claims for compensation in civil court. To learn more about your options and how you can pursue accountability for the wrongdoers, talk to the experienced New York sexual harassment attorneys at Phillips & Associates. We understand that sexual harassment is a sensitive subject, and we have the experience and focus necessary to take on your case respectfully and diligently. Contact us online or at (833) 529-3476 to set up a free and confidential consultation.