Sexual harassment is a problem across all industries. Even though attorneys should be especially attuned to what the law says about sexual harassment, the practice of law is far from immune. As a recent federal lawsuit illustrates, even elite firms may have gender double-standards, sexually hostile behavior, and a “locker room” or “boys’ club” culture. If that describes your workplace, you possibly can hold your harassers accountable using a civil lawsuit. An experienced New York sexual harassment lawyer can provide invaluable aid as you seek justice.
The female attorney in that recent lawsuit, R.B., spent 14 years at a major law firm’s business litigation group in its New York City office.
Two years after R.B. started with the firm, R.D., a male attorney, became the vice chair of the business litigation group. According to the lawsuit, the vice chair’s inappropriate conduct permeated many areas. R.D. allegedly told “tales of his weekend escapades which were off topic and off color” at business meetings. He also allegedly compared—in graphic terms—appearing before a judge on a pro bono (no fee) case to receiving a sexual favor from the judge.
According to the complaint, the vice chair ensured that new clients went to male attorneys (including himself) and not to R.B.. The woman complained, but the firm allegedly did nothing other than to launch a “sham” investigation around the same time that it fired her in 2022.
After the firm fired the woman, she sued. The employer, pointing to a clause in the agreement R.B. signed when she became a partner, sought to move the case from federal court to arbitration. The court rejected that request, concluding that the Ending Forced Arbitration Act invalidated the parties’ arbitration agreement. While part of the alleged sexual harassment and gender discrimination that R.B. endured took place before the EFAA’s effective date (March 3, 2022), some alleged acts -- including her April 29, 2022, firing -- occurred after, meaning that the statute applied to her case and prevented mandatory arbitration of her claims.
The Employee-Friendly Standards of NY State and City Law
The court additionally rejected the firm’s request to throw out the woman’s hostile work environment and sexual harassment claims. As the judge noted, the New York City Human Rights Law establishes a low hurdle, merely requiring that workers demonstrate that they were “subject to unwanted gender-based conduct,” which they can do by showing they were “treated less well because of their gender.”
The judge determined that the vice chair’s sexual metaphor regarding appearing pro bono was, by itself, enough. The comment was “lewd, refers to a sexual act, and was made” while R.B. was alone with R.D. in the latter’s office, making it sufficient to allow the court to construe as unwanted gender-based conduct.
The court also denied the firm’s request to dismiss the attorney’s New York State Human Rights Law claim. Under that statute, a worker must assert that she was “subjected to inferior terms, conditions or privileges of employment” because of her gender. The attorney’s complaint alleged that the vice chair blocked her from getting new clients by funneling new business to male attorneys and singled her out because of her gender. Those assertions were adequate to make out a viable state law claim.
Experiencing sexual harassment while working in a law office can be intimidating and isolating. The people who harassed you -- as well as those who enabled that harassment -- are often knowledgeable lawyers and may be well-connected in the legal community. As a more junior professional, you may fear that speaking out could gravely damage your reputation and career. It is essential to recognize that you are not alone in what you have experienced. It is also essential to ensure you are not alone in your fight for accountability and justice. The hardworking New York City sexual harassment attorneys at Phillips & Associates PLLC have fought -- and won -- in countless hostile work environment cases. We have represented workers from across the five boroughs, whether their employers were small entities or Fortune 500 companies. To learn more, contact us online or at (866) 229-9441 to set up a free and confidential consultation today.