New York State Revenge Porn Law Makes Sharing Nude Pictures Illegal Statewide

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Imagine that you and your ex-partner work at the same business. When the two of you break up, he or she threatens to send explicit photos of you to your boss, coworkers, even the owner of the company. Then he or she starts making demands. Sadly, this is the reality for far too many New York workers. But now a newly passed New York State revenge porn law is giving the victims this form of sexual harassment a way to fight back.

In this blog post, I will discuss the recently passed New York State revenge porn law. I will compare it to the New York City law already in place. I will also discuss how this law can help employees facing this invasive form of sexual harassment at work.

New York State Revenge Porn Law was 5 Years in the Making

On Thursday, February 28, 2019, the New York State legislature passed a law making so-called “revenge porn” a crime across the state. The law made it illegal to try to humiliate or cause emotional, physical, or financial harm to another person by intentionally distributing or publishing intimate pictures or video. Prosecutors can charge the one distributing the images with a Class A misdemeanor, punishable by up to a year in prison and a $1,000 fine.

The law goes beyond the criminal courts, though. It also includes a private cause of action. That means the victims of revenge porn can sue their harassers and ask the judge to award damages for harm done and order the person to take the pictures down. In a press release on the matter, Assemblymember Edward C. Braunstein said:

“Revenge porn is a pervasive problem that often results in victims being threatened with sexual assault, stalked, harassed, or fired from jobs. . . . Some victims have even committed suicide due to the severe emotional pain. The passage of this legislation sends a strong message that individuals who engage in this type of reprehensible behavior will be held accountable for their actions.”

Many of the victims of revenge porn have been waiting for years for the state to pass this bill. It was first proposed over 5 years ago. At the time, it was one of the first of its kind, imposing criminal penalties for unlawful disclosure of intimate images. But politics got in the way. In the last five years, 41 states have adopted laws outlawing the non-consensual sharing of sexually explicit images, as had New York City and several state counties. But the state legislature remained unable to pass the bill. Then, after the 2018 election, the power balance in the state legislature shifted, allowing the state revenge porn law to finally be passed.

Statute Expands New York City Protections Statewide

The language of the New York State revenge porn law is close to the wording in an ordinance passed in 2017 by the New York City Council. That law made it illegal for residents or those within the city limits to disclose pornographic images or sexual activity, or any image that shows another person’s “intimate body parts.” The law also applies to threats made as long as the pictures or circumstances involved were enough that the victim could be identified.

Now those same protections are available to revenge porn victims statewide. The law is also the first of its kind to authorize judges to order social media platforms and websites where a non-consensual intimate image is found to remove the picture or video. That language was part of the reason the state-wide bill was delayed. The Internet Association, which represents tech giants like Google, Twitter, and Facebook, had resisted the passage of the law out of fear the social media platforms could be held financially responsible. The law in its final form doesn’t allow a plaintiff to go after a hosting platform for damages, but if a website refuses to remove the image it could still face sanctions for contempt of a court order.

Revenge Porn at Work is Sexual Harassment

When revenge porn happens at work it can be disastrous. Sexually explicit images can ruin a person’s career and professional reputation. Victims might even lose their job. There are few other forms of sexual harassment that can more quickly create a hostile work environment. That means the victims of revenge porn at work have other avenues for protection: Title VII of the Civil Rights Act, and the New York Human Rights Act.

These laws say that employers must take reasonable steps to respond to sexual harassment at work, including quid pro quo arrangements or threats by supervisors and the creation of hostile work environments by coworkers. In the case of revenge porn that could include taking the image off company servers, protecting the victim from fall-out or retaliation due to the imagery, and disciplining the person who distributed them. When employers fail to do their job, the victims of revenge porn can often sue the company as well as the person doing the distribution.

At Eisenberg & Baum, LLP, our experienced sexual harassment attorneys know how to put the New York State revenge porn law to work for you to fight back against this form of severe sexual harassment. We can meet with you at our headquarters in the heart of New York City, or conference with you remotely, to help you find protection and compensation under federal, state, and local laws. Contact Eisenberg & Baum, LLP, today to talk to a sexual harassment attorney.

Does Cyber-Stalking by Coworkers Count as Sexual Harassment?

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When sexual harassment goes online, it can be hard to tell where the line is between at work and not. Cyber-stalking by coworkers can make the idea of going to work and facing your harassers seem impossibly difficult. Find out whether cyber-stalking by coworkers counts as sexual harassment and what you can do about it.

In this blog post, I will discuss how new ways to use technology have created new forms of workplace discrimination and sexual harassment. I will review Title VII’s protections against gender discrimination and sexual harassment and discuss when cyber-stalking by coworkers may or may not covered by the statute.

Employment Communications Go Online, Create Potential for Cyber-Stalking

In the modern era of technology, it seems like there is a new way to connect every day. Employers, supervisors, and coworkers use social media, forums, and company message apps to stay connected and get work done. But when coworkers become sexually aggressive, all those ways to stay connected become channels for sexual harassment.

Most states have laws against harassing a person through electronic means. In New York, there are criminal laws against stalking that protect people against threats and intimidation that put them in fear for their safety. In New York, criminal stalking could include:

  • Tailing or watching the person
  • Trespassing at the person’s home or workplace
  • Stealing the person’s mail
  • Damaging the person’s property
  • Unwanted contact or communications, including through family, neighbors, or coworkers
  • Using tracking devices, video cameras, or GPS
  • Monitoring a person’s computer use and Internet history

When the methods harassers use are electronic, stalking becomes cyberstalking. Some of the most common forms of cyberstalking include:

  • Texting explicit imagery (sexting)
  • Sending unwanted emails or direct messages
  • Posting of intimate details on public (or company-wide) forums
  • Unrelenting commenting or communicating through social media.

Criminal stalking behavior doesn’t have to be sexual in nature, but many stalking victims feel targeted because of their gender or sexuality or because the person harassing them is seeking an unwanted romantic relationship. When that behavior occurs between coworkers it can raise the question of whether that behavior is also illegal sexual harassment.

Does Cyber-Stalking by Coworkers Count as Sexual Harassment?

Most employees know that federal law protects them from sexual harassment at work. Title VII requires your employer to take reasonable steps to respond to claims of sexual harassment or gender discrimination against supervisors, managers, coworkers, and even customers in some cases. When the misconduct happens face-to-face in the office, that’s one thing. But what about online? Does your employer need to respond to cyber-stalking by coworkers?

Whether Title VII will apply to cyber-stalking depends in part on who is doing the wrongful behavior. If your manager, supervisor, or boss is the one targeting you online, that could be considered sexual harassment even if it is sent outside of work hours, or through private channels like your social media accounts. However, if you are targeted for cyber-stalking by coworkers, the issue of Title VII gets a little more difficult. The question then becomes whether there is enough connection between the conduct and the workplace.

Remember that Title VII protects employees against sexual harassment or gender discrimination that is so severe or frequent that it creates a hostile work environment. It can sometimes be hard to say who is sending harassing messages online. Many social media platforms and forums are anonymous. Just suspecting that a fellow employee is involved is not enough.

In general, the closer the connection between work and the cyber-stalking, the more likely it will count as sexual harassment. If a harassing message appeared on a company server or message board, can be traced back to a coworker, or came from work computer, there are cases that say your employer may have a duty to respond to that behavior.

What to Do if a Coworker Sexually Harasses You Online

If you believe you are the victim of cyber-stalking by coworkers, you will most likely need to take a two-step approach to stopping the behavior. Most employers don’t have the technology to trace back anonymous messages and determine who sent them. If you aren’t sure, or if the behavior is severe enough to cross the line into criminal cyber-stalking, you may need to go to the police first. In other cases, though, a timely complaint to HR or your supervisor may be enough to stop cyber-stalking before it gets serious enough to count as criminal behavior.

One of the most important things to do if a coworker sexually harasses you online is to preserve the evidence. On many platforms, a user can edit or delete their posts after they are published. If your coworkers suspect that you have reported them, they may try to hide the evidence by deleting their posts. That’s why, whether you just end up showing it to your boss, or have to admit it into evidence at trial, it’s important to have printouts or screen captures of the offensive online behavior.

At Eisenberg & Baum, our New York City-based sexual harassment attorneys know how hard it can be to deal with online sexual harassment and cyber-stalking. We will help you identify your options, negotiate with your employer, and ensure that your rights are protected at work and in court. Contact us to schedule a consultation.

Women Venture Capitalists Fight Gender Discrimination in Lending

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Where can a woman go for funding to start her business? Women entrepreneurs continue to face challenges raising seed money from venture capitalists who are overwhelmingly male, and white. Now a group of women venture capitalists in New York are fighting gender discrimination in lending by starting their own investment companies and incubators. They are even holding women-only pitch nights.

In this blog post, I will look at the problem of gender discrimination in lending. I will review an article about how a group of female venture capitalists are fighting back, and will discuss how anti-discrimination laws can help narrow the gender gap for entrepreneurs and women-owned startup businesses.

Women-Only Pitch Night Connects Female Business Owners with Investors

One cold night in January, 275 women gathered together in a SoHo coworking club to listen and lend. They snacked on crudites, cheese, and wine, as they laughed and cheered one another on. The Wingable women-only pitch night connected female-founded companies with investors ready to lend. The event answered the question the New York Times posed:  “What would VC-funded industries look like if more women controlled the money?”

The Wingable pitch night was hosted by The Wing, a women-only co-working club with spaces across New York City and the country, and Able Partners, a women-owned New York venture capital firm. It featured 10 companies, each with at least one self-identifying female among their founders. The companies had completed Able Partners’ incubator program and were ready to gather seed funding for their new ideas.

The lenders in the room were women, too. In addition to Lisa Blau and Amanda Eilian, the founders of Able, many other women investors had come out to support these new startups.

“‘We need the old girl’s network,’ said Linnea Conrad Roberts, the chief executive of Gingerbread Capital and a former partner at Goldman Sachs, as she waved to Ms. Blau. ‘If you think about the ecosystem that guys have, a Silicon Valley founder will make hundreds of millions of dollars and he doesn’t go home and retire; he starts putting it toward funding other companies.’”

Gender Discrimination in Lending Leads to Unequal Investment Opportunities

The push for women-owned venture capital companies comes in no small part from the gender discrimination and overt sexual harassment female entrepreneurs feel when starting to launch their companies. According to the venture-tracking site Crunchbase, only 8% of investing partners at the 100 top venture capital firms are women. Across the industry, 89% of venture capitalists are men, and 87% are white.

That gender disparity shows up in their lending too. Last year, female founders received only 2.2% of all venture capital investments. In a $130 billion industry, women only got $2.9 billion. It’s not that women aren’t starting businesses, either. The Department of Labor estimates that over one third of all businesses are owned by women.

Women entrepreneurs actively seek out seed money and capital investments, but often their pitches are met with stereotypes, gender discrimination, and out-right sexual harassment.  Attendees of the Wingable shared some of their own stories:

“‘Last year, when I was raising my seed, this guy was like, “It must be really difficult for you to raise money, Shannon, because men dissociate intelligence from attractiveness,”’” Ms. McLay said. Everyone in earshot groaned.

“‘I’ve heard, “I really love you, Chanel, I think you have an amazing company, but I think I might want to date you,”’” said Chanel Melton, 31, the founder of a hair-extension company called RoseGold Pro. More groans. ‘He followed up later, like, “Hey, I hope I didn’t make you feel uncomfortable.”’”

Other women founders have reported sexual harassment when they sought funding within the technology start-up industry. Women report that while making their pitch they have been hit on, touched without permission, and asked for sexual favors.

New York State Human Rights Act Helps Women Facing Discrimination and Harassment from Venture Capitalists

The trouble is that the investor-investee relationship doesn’t always fit with the legal protections against gender discrimination and sexual harassment. Title VII of the federal Civil Rights Act only applies to employees and employers. The federal Equal Credit Opportunity Act, 15 USC section 1691, protects against gender discrimination in consumer lending, but may not apply in cases between businesses.

But for the women of Wingable, and others in New York, state and local laws may provide a better answer. In 2018, the New York State Human Rights Act was expanded to cover more than just traditional employer/employee relationships. Under New York state law, an employer is now responsible for gender discrimination and sexual harassment by or against:

  • Permanent and temporary employees
  • Contract workers
  • Independent contractors
  • Agents of the employer working on the business

This broader definition of employee means that complex corporate structures won’t protect venture capital companies that allow their lenders to discriminate. Depending on the relationship formed between a lender and a startup founder it could also give additional protections to women business owners once the first round of funding is complete.

Between women venture capitalists, women-owned businesses, and stronger sexual harassment laws, New York is a great place to start a business. But when old assumptions make gender discrimination in lending a part of doing business, the employment discrimination lawyers at Eisenberg & Baum can help. Our New York-based team can work with you to explore your options and build your case against employers and venture capitalists who treat you or your business differently because you are a woman. If you are a woman entrepreneur facing gender discrimination in lending, contact us today to schedule a free consultation.

What to Do About a Bully Boss and Their Sexual Harassment

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When your boss is demanding, demeaning, and abusive, it can make every day a struggle. And when their comments and jokes turn to sex or gender, it can also be illegal. Find out what qualifies for federal and state protections and what you can do about a bully boss and their sexual harassment.

This blog post will look at a recent article about the psychology behind being a bully boss. It will examine when bullying can cross the line into sexual harassment and what you can do if your boss’s behavior makes your office a hostile work environment.

Psychologists Say Bully Bosses Don’t Improve Employee Productivity

Recent reports about Minnesota Senator Amy Klobuchar’s aggressive management strategies have reignited public awareness of so-called bully bosses. According to reports by former employees, Sen. Klobuchar was known for berating new employees, throwing objects toward aides, and ordering employees to do degrading tasks, including cleaning personal items. As a result, her Washington staff has one of the highest turnover rates of any congressional office.

Sen. Klobuchar is hardly the only bully boss to make public waves for their behavior. Bully bosses can be men or women, part of large corporations or small businesses. They can target men, women, or everyone under them without respect to gender. Indiana University basketball coach Bobby Knight made money off his reputation for harsh management through his book “The Power of Negative Thinking.” Head Chef Gordon Ramsay turned his fiery temper into a popular cooking competition television show, Hell’s Kitchen. The late co-founder of Apple, Steve Jobs, was also known for his aggression in the office.

These kinds of bully bosses often claim that they act the way they do because it gets results, improving employee performance and productivity. However, a review of psychology research to date says these claims don’t hold up under scrutiny. Rebecca Greenbaum, a professor at Rutgers University’s school of management and labor relations, told the New York Times:

“We’d love to find out if there are good aspects of abusive leadership. There’s been a lot of research. We just can’t find any upside.”

She has found that short-term productivity may increase, but over time, employees exposed to this kind of abuse increase tardiness, sick days, and eventually leave altogether.

When Your Bully Boss Uses Sexual Harassment

Sometimes, when a manager is trying to assert control in the workplace, he or she may resort to gender stereotypes or sexual slurs to get the job done. This might include calling male employees “ladies” or worse. Sometimes, when an employee objects to a bully boss’s aggressive management style, the boss can respond by yelling for employees to “man up” or “grow some balls”. Sexual harassment by a bully boss could also include repeated sexual jokes, job assignments based on a person’s gender or the supervisor’s assumptions based on sexual stereotypes.

When a bully boss’s behavior takes on sexual overtones, it can sometimes cross the line into illegal gender discrimination and sexual harassment. Federal and New York state laws both protect employees from employment decisions based on their sex or gender. It also requires employers to step in and respond when sexual harassment is so severe or frequent that it creates a hostile work environment.

In those cases, employees can file administrative complaints with the New York Human Rights Commission or the federal Equal Employment Opportunity Commission, as well as lawsuits in state or federal court. If an administrative law judge or court decision-maker finds that an employer was involved in gender discrimination or failed to take reasonable efforts to stop sexual harassment, the employee can be entitled to:

  • Money damages for lost wages, medical expenses, and other costs connected to the bully boss’s behavior
  • Reinstatement to a lost position or equivalent job
  • Changes in company policy or procedures in responding to sexual harassment complaints
  • Disciplinary actions against the bully boss or those involved in the gender discrimination

Not every bully boss uses sexual harassment as part of their abusive behavior. But when they do, the employment attorneys at Eisenberg & Baum, LLP, can help. Our experienced gender discrimination and sexual harassment attorneys know how to fight back against a bully boss and an unresponsive employer to get change in the workplace. Contact us to schedule a consultation at our office in New York City, or over the phone.