Singer/songwriter Kesha has been in a fight for the last couple of years trying to free herself of her recording contract with Sony Music because of an alleged sexually abusive relationship with her longtime producer, Lukasz Gottwald (aka Dr. Luke). The fight has been taking place in the legal system as well as in public, where hundreds of thousands of supporters have joined the #FreeKesha movement on Twitter and through online petitions, urging Sony to end its contract with the singer to allow her to move on and begin recording music again. Despite the outpouring of support, Kesha’s legal case has suffered a series of setbacks recently with a New York Supreme Court judge denying her the ability to get out of her recording contract and dismissing her claims against Dr. Luke and Sony in New York. Kesha’s legal options are not spent at this point, though. She still has a pending case in California that could now go forward and she could appeal the New York Supreme Court’s dismissal.

Regardless of the eventual outcome of her high profile case, Kesha’s claims can be relatable for many women in the workplace. In her lawsuit against Sony and Dr. Luke, she alleged a history of sexual assault and intimidation by her producer that has left her unable to work with him or her label any more. This environment allegedly left Kesha scared for herself and her career and thus reluctant to report the abuse to anyone. Though the New York court may not have found in Kesha’s favor, her allegations shed light on a broader set of questions for victims of sexual harassment in the workplace. We’ll discuss the options employees have to stop sexual harassment at work and ultimately get out of a poisonous employment relationship if necessary.

Report Sexual Harassment

Kesha alleges the incidents of sexual assault and harassment by her producer started ten years ago, though she did not file her original lawsuit until 2014. A victim’s reluctance to step forward with their claim is certainly understandable. The harasser can be intimidating both mentally and physically and the employee could have legitimate concerns about retaliation by their employer up to and including termination. However, delaying reporting harassment can have a significant impact on your ability to not only stop the harassment but recover any damages you may have suffered. In general, the closer to the actual harassment your claim is, the fresher the events will be in your mind and the minds of any witnesses. Also, if you choose to pursue a legal claim for sexual harassment, your claim will be subject to statutes of limitations, or deadlines, that you might miss if you wait too long to speak up. One of the reasons cited by the New York court for dismissing Kesha’s claims was the statute of limitations.

Many employers have a process for employees to report sexual harassment, which we encourage employees to follow. A responsible employer will take a sexual harassment claim seriously and investigate it without bias and with the intent of stopping any illegal behavior as quickly as possible. Where it finds sexual harassment occurred, the employer should also take all necessary steps to repair the damage done to the victim and ensure the harassment does not continue, including terminating the harasser where warranted.

Understand Your Legal Options

If your employer fails to adequately address your sexual harassment claim, you’re going to need legal help. We suggest you reach out to a lawyer as soon as possible, even if your employer is investigating your claim, to ensure that you know about all of your legal options and that you are fully protected.

When an employer fails to address a victim’s sexual harassment claims, the victim can feel trapped. Know, however that an experienced sexual harassment attorney can help you get out of a harassing work environment and recover damages you’ve suffered, even when your employer has failed to help. Kesha filed a lawsuit not only against her alleged abuser but also against her record label seeking to end her recording contract early because of the alleged sexual abuse she suffered. Though Kesha’s relationship with Sony Music is not an employment relationship, her legal claim does provide an example of what an employee in a similar situation might seek in a lawsuit if their employer has not addressed their sexual harassment claim.

Victims of sexual harassment at work can seek injunctive relief from courts as part of the remedy for the discrimination they suffered. The injunctive relief could include orders as broad as prohibiting an employer from engaging in further sexual harassment. Also, most employees are considered “at will” employees who can resign for any reason or no reason at all, some employees are subject to an employment contract that dictates the terms under which they can resign from their job. If you do happen to be working under such a contract and are a victim of sexual harassment, you could seek a court order allowing you to terminate the contract early. This option may not be available in every instance, but an experienced lawyer can help explain your remedies and pursue them for you where it makes sense. To learn more about a discrimination victim’s legal remedies, you can read our prior blog post entitled “What Are My Remedies if I Sue for Discrimination at My Job?”

Contact Us

If you’ve been the victim of sexual abuse or harassment at work and would like to talk with someone about your claims and the remedies available to you, please contact Eisenberg & Baum. We can help you determine the best approach for your claim and help you understand how you can put an end to the harassment while limiting any damage to your career. Though we’re based in New York City, we have attorneys licensed in many states throughout the country and we can also seek to become admitted pro hac vice with local counsel in other states where we are not currently admitted, so we likely can help no matter where you are. We offer free initial consultations for sexual harassment claims and bill on a contingent fee basis, so you won’t have to pay us unless we win or settle your case.