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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.

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.

International Employees’ #MeToo Push May Find Strength in New York State Human Rights Act

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Not every country’s laws or government take sexual harassment as seriously as in the U.S. But for international employees making a #MeToo push against their employers, a business trip to New York could give them a chance to find strength in the New York State Human Rights Act.

In this article I will discuss how employees of international companies may be able to use New York State’s Human Rights Act to protect themselves and push for change in their companies. I will talk about the limits of the New York State Human Rights Act, and how recent expansions could cover international employees who travel to the state for work.

#MeToo Movement Gains Momentum in China

The #MeToo movement is usually thought of as a Western idea. The hashtag was coined in 2006 by Tanara Burke, an African American activist seeking to empower black women and girls to speak up about sexual assault and violence. Then a decade later, it became a movement after celebrities like Alyssa Milano used the hashtag to expose sexual harassment in the entertainment industry.

However, what started in Hollywood has now spread worldwide. #MeToo movements have arisen in Europe, Saudi Arabia, South Korea, Indonesia, Russia, and even China. In Beijing, over a dozen Chinese women came forward in July 2018. They signed open letters posted on the Chinese social media site Weibo, alleging that they were the victims of sexual harassment and assault by Chinese journalists, intellectuals, and charity leaders.

Among them was Zhou Xiaoxuan, a 25-year-old screenwriter. She wrote an essay talking about her experience in the dressing room of famous Chinese anchorman Zhu Jun. She alleged that she was serving as an intern at China Central Television in the summer of 2014 when she was asked to take fruit to Mr. Zhu’s dressing room. When the other intern with her left the room, Ms. Zhou says Mr. Zhu grabbed her hand, forcibly kissed her, and groped her. She was able to escape when someone came to the door. Mr. Zhu has denied the allegations and each side has sued the other in Chinese court.

International Laws Don’t Always Protect Sexual Harassment Victims

Ms. Zhou went to the police right away with her complaints. But she says the officers told her to drop her complaint because “Mr. Zhu was a force for good in society.” They even threatened Ms. Zhou’s public-sector jobs. Zhou says this experience is not uncommon. Sometimes women wait in line at police stations for days without being able to press charges. Women in China also face laws that do not clearly define rape or harassment and cultural assumptions that blame women for sexual abuse. All of this can make it difficult for international employees to get relief from sexual harassment.

New York State Human Rights Act Provides Hope to International Employees

While international employees may have trouble finding relief at home, a recent change to the New York State Human Rights Act could give them a chance to defend themselves if their work brings them to the state. As of April 12, 2018, the New York State Human Rights Act was expanded to cover anyone who provides services in a workplace. This can include contractors, vendors, consultants, and independent contractors.

Read More: Sexual Harassment of Independent Contractors in the Workplace

The New York State Human Rights Act also applies to every employer in New York State, no matter how many employees are located there. Together, these two provisions may provide hope to international employees sent to New York on business. While their home jurisdiction may not make it easy to prevent sexual harassment, the New York Division of Human Rights may be able to help if the international employee is:

  • On temporary assignment to the New York office of an international business
  • Sent as a consultant or contractor to work with a domestic business partner
  • Attending a New-York based business conference or event

Whether the law will apply will still depend on what happened, where it happened, and the international employer’s relationship to the state. However, with a broader definition of protected employees, the New York State Human Rights Act could be used to embrace international workers who can’t find help at home.

At Eisenberg & Baum, LLP, our experienced gender discrimination and sexual harassment attorneys know that New York companies do work on a global scale. We know how to use the New York State Human Rights Act to protect international employees and traveling professionals. Contact us to schedule a consultation at our office in New York City, or over the phone.

Sexual Harassment and Sexual Assault: Lawsuit, Crime, or Both?

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The words sexual harassment can mean a lot of things. Some are verbal, or make a person uncomfortable. But others cross the line into sexual assault. When physical sexual harassment occurs, it can raise the question of whether you should file a lawsuit, report it as a crime, or something else.

In this blog post I will discuss how state and federal sexual harassment employment laws interact with criminal laws against sexual assault. I will explain how a criminal case may affect your lawsuit for sexual harassment, and how you, the plaintiff (or victim in criminal court) can end up stuck in the middle.

Sexual Harassment and Sexual Assault Have Different Standards

Just because something is Illegal doesn’t automatically mean it is a crime. Laws can sometimes regulate behavior of individuals, companies, or even industries by allowing a government agency or individuals to file a lawsuit. The penalty for violating these laws is the money paid to the people hurt when the laws are violated.

That’s the case with Title VII of the Civil Rights Act. This law makes it illegal for your employer to allow sexual harassment in the workplace. That includes any unwanted conduct, including both physical contact or inappropriate comments and jokes, that either:

  • Are a condition of employment
  • Are severe or happen often enough to create a hostile work environment

Under Title VII, sexual harassment includes anything that a reasonable person would find sexually offensive.

State sexual assault crimes usually aren’t that broad. In New York, for example, the crimes of sexual abuse, rape, and forcible touching all require physical sexual contact, though that is not limited to intercourse. Sexually predatory language, even repeated requests for sexual contact, don’t qualify. New York also has laws against stalking; however these laws again center on a threat to physical or mental health, or employment. That means that sometimes sexual misconduct will qualify as sexual harassment at work without being a crime.

Where to Go First When Sexual Harassment and Sexual Assault Overlap

The victims of work-related sexual assault can often feel pulled in different directions. It can be hard to know where to go first: the police or your supervisor.

When there has been a physical sexual assault, you should almost always go to the police first. Most police departments have special tools (such as “rape kits”) and techniques to gather evidence of what happened in a compassionate and dignified way. Some of these techniques are time-sensitive. If you wait to report sexual assault, it may be less likely that the abuser will face criminal charges.

Once you have worked with the police to file a report and make a statement, you can use those documents to file a complaint with your supervisor or HR department. Ask the police for copies of the report and your statement, as well as the contact information for any officer you worked with. Keep copies for yourself and provide copies to your employer for use in its investigation. If your employer fails to take appropriate steps to stop sexual harassment and sexual assault in its workplace, you can also use these documents (including your internal complaint) in filing a claim with the Equal Employment Opportunity Commission, or in federal court.

How a Criminal Investigation Can Affect Your Sexual Harassment Claim, and Vice Versa

When sexual harassment and sexual assault investigations happen at the same time, it can sometimes complicate both. There are differences between workplace and criminal investigation processes, and the accused’s rights in both cases that can sometimes be contradictory.

In some cases, employers will take a “wait-and-see” approach. They will delay investigating sexual harassment claims that raise criminal issues, letting police take the lead on interviews and evidence gathering. If the police find enough to file charges, the HR department can use those charges as a basis for discipline at work.

However, even when employers decide to let police do the work, they still have a duty to protect you from any continued sexual harassment that might happen in the meantime. That could mean separating you and your harasser, assigning you to different departments, shifts, or locations, removing him or her from his or her supervisory role, or even issuing a temporary suspension.

If your employer does decide to continue the investigation alongside the police, things can get more complicated. Employers can require a person accused of sexual harassment to cooperate with the company’s internal investigation on the threat of termination. Employees do not generally have the right to have an attorney present during these investigations (unless a collective bargaining agreement says otherwise). But if an accused employee admits to misconduct, those admissions can be used by police and prosecutors in the criminal context. Because of this, if the accused harasser has already hired a lawyer, that lawyer may advise them not to cooperate with the workplace investigation.

When workplace sexual harassment takes the form of criminal sexual assault, it can create a knot of procedural questions as police, HR personnel and others sort out their respective roles in the investigation. And that can leave the victims of these most severe forms of sexual harassment feeling alone or left behind.

But you don’t have to be. At Eisenberg & Baum, our New York City-based sexual harassment attorneys know how to navigate the intersection of sexual harassment and sexual assault. We will help you throughout the process, and ensure that your rights are protected at work and in court. Contact us to schedule a consultation.

Women Economists Call for Accounting on Gender Discrimination, Sexual Harassment

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Economics and finance have long been male-dominated industries. Last year a #MeToo complaint brought to light a climate of gender discrimination and sexual harassment. Now women economists are speaking out, even disrupting the American Economic Association’s annual meeting, calling for an accounting of past behavior, and change for the future.

In this blog post I will discuss how women economists and finance experts are speaking out about sexual harassment and gender discrimination in their industry. I will explain how industry-wide gender bias can affect hiring decisions, and will explain what women economists can do to change the culture of their industry.

American Economics Association Turns its Attention to Gender Discrimination and Sexual Harassment

Every January, economists from across the country gather at the American Economics Association Annual Meeting. It’s the biggest event of the year, featuring professors, economists, and finance professionals from across the industry. This year’s topic of conversation was gender discrimination and sexual harassment within the industry. Incoming president Janet L. Yellen, the first chairwoman of the Fed and an expert within her field, called diversity “the highest priority” for the industry.

Gender Discrimination is Widespread in Economics and Finance

Gender discrimination and sexual harassment happen in every industry. But some fields have a stronger history of exclusion and misconduct than others. Economics is one of those fields. Women economists make up only about a third of all economics doctoral candidates — a number that hasn’t changed since 2000. At senior levels within economics, the gender gap is even wider. Racial and ethnic minorities also have a hard time breaking into the field. Within the economics industry as a whole, the women in finance are particularly hard-hit. Barely 10% of tenured finance professors are women.

Economics is a unique industry to deal with these problems because women economists are specifically trained to be able to study and measure systemic, industry-wide problems. Over the years, women economists have performed studies showing that women faced misogyny, hostility, and higher standards than their male counterparts. Even those studies were held to a higher level of scrutiny than other similar reports.

Male economists have long ignored complaints about gender discrimination and sexual harassment in their industry. They claimed that predictive models indicated that gender discrimination and racial bias would disappear naturally because of competition. But that has not been the case.

Women Economists Call for Change at AEA Annual Meeting, In the Midst of Continued Underrepresentation

Conversations about gender discrimination and sexual harassment were everywhere at this year’s AEA annual meeting. This was due in part to public allegations last year that Harvard economist Roland G. Fryer had sexually harassed and bullied women in his research lab at the university. Harvard has since substantiated some of the claims, but others are still under investigation. In December, 2018, Fryer quietly resigned from the AEA, where he was slated to join executive committee.

The allegations, and the AEA’s lackluster response, opened something of a flood gate of #MeToo stories by women economists, graduate students, and professors. In total, over 400 graduate students and research assistants signed on to an open letter calling for change in the industry. The New York Times reported:

“‘There’s just a ton of anger and resentment around how the profession has been,’ Elisabeth Perlman, 24, an economist with the Census Bureau, said at the [AEA’s formal business] meeting. She added that the profession must also address the misconduct that was allowed to go unchecked for decades.”

The students and women economists who signed the letter and spoke out at the meeting called for the AEA to create systems to report gender discrimination and sexual harassment, as well as procedures to punish or expel members who violated the AEA’s newly adopted code of conduct on the issue.

But even as they raised their voices in these meetings, women economists found themselves silenced at the presentation table. Heather Long, a reporter for the Washington Post, described the scene:

“In a panel on trade, I walked into the room to see all men sitting at the table at the front of the room. I was surprised, because a female economist was listed as one of the speakers. As the session started, one of the men informed the audience that there wasn’t room for her at the table. Her male co-author would present the paper, and she would field questions later. The panel ran out of time and she never spoke.”

Calling for Equality Within the Economics Industry

Gender discrimination and sexual harassment continue to be problems for women economists and other white-collar professionals in male-dominated industries. Through underrepresentation, heightened scrutiny, and overt sexual misconduct, leading economists tell their female counterparts they are not worthy of the same recognition and attention.

There are solutions to gender discrimination and sexual harassment within the economics industry. In addition to the kind of culture shifts that Yellen and others propose, individual women economists can take action at their universities and workplaces, and in court.

At Eisenberg & Baum, LLP, our sexual harassment attorneys know how to call universities, private employers, and government agencies to account for gender discrimination and sexual misconduct. We can help you review your case, and your legal options, to find a solution to the gender discrimination you experience. If you are a woman economist facing sexual harassment in your profession, contact us today to schedule a free consultation.

What to Do Before You Report Sexual Harassment to the EEOC

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You’ve had enough of the jokes, the comments, and the inappropriate touching. You’re ready to get help. But should you head straight to court? What should you do before you report sexual harassment to the EEOC or your state anti-discrimination agency?

In this blog post I will discuss how to prepare to report sexual harassment or gender discrimination to the Equal Employment Opportunity Commission (EEOC) or the New York Department of Human Rights. I will provide strategies for employees facing a hostile work environment, and tips for what to do before you report sexual harassment to the EEOC.

Gather Your Proof of Sexual Harassment

At the first sign of sexual harassment, when you first start to consider whether you should file a report with the EEOC, you should start the process of gathering your proof right away. What that means will depend on the type of sexual harassment you were exposed to, and when and where it happened. It could include:

  • Printing, copying, and saving copies of the offensive emails, chat dialogs, or images
  • Keeping a journal that describes what happened, when, by whom, and how you felt about it
  • Taking pictures of the place where the sexual harassment happened
  • Talking to people who witnessed the event and asking them to write down their experiences
  • Preserving copies of any complaints you made to your supervisor or HR department

It is important to gather this proof in a way that you can take with you even if you eventually have to leave your company or are fired. Retaliation is illegal, but sometimes people do lose their jobs when they report sexual harassment. You need to be prepared by maintaining a hard-copy file off-site or at least sending everything to a personal email address.

File Internal Complaints

Before you report sexual harassment to the EEOC or file a lawsuit in federal court, you may need to “exhaust your remedies” through filing internal complaints. That means you have done everything you could in-house before turning to an outside agency. This could include reporting the sexual harassment to your HR department or supervisor. If you are in a union you may need to go through the grievance process.

Even if you are not legally required to file internal complaints, it can still be important to your EEOC complaint that you do. For conduct to be considered sexual harassment, it needs to be unwanted. If you haven’t filed internal complaints, you may face defenses from your employer that the sexual conduct was consensual or that you were playing along with the sexual banter or jokes in the office. Filing an internal complaint, or even publicly asking your harasser to stop can help fight back against these defenses and make sure your report of sexual harassment to the EEOC can continue and you can get the relief you need.

Talk to a Sexual Harassment Lawyer Before You Report Sexual Harassment to the EEOC

More than any other step you can take before you report sexual harassment to the EEOC, you should make an appointment to talk to a sexual harassment lawyer. First, an attorney with experience at the EEOC and in court can help you decide whether filing a report will get you the relief you are looking for. An attorney can help you look at what happened to you objectively and evaluate whether it reaches the point where a judge may say sexual harassment has occurred.

Next, a discrimination attorney can help you prioritize what relief you want:

  • Getting your job back
  • Having the harasser removed
  • Changing policies and practices at work
  • Receiving compensation for lost time at work and medical expenses related to the stress
  • Making a clean break and finding a new position with a positive recommendation

Some of these goals are best served by reporting the sexual harassment to the EEOC or filing a federal lawsuit. But in other cases, those complaints may raise the stakes of your case unnecessarily and increase the chances that your relationship with your employer will be broken beyond repair.

You don’t officially need a lawyer to report sexual harassment to the EEOC. But deciding whether to file, when to make the claim, and how to prove your case aren’t easy choices. They shouldn’t be made alone. At Eisenberg & Baum, LLP, our experienced gender discrimination and sexual harassment attorneys know that the decision to take action happens long before you report sexual harassment to the EEOC. We have a variety of tools at our disposal to end the harassment and get you back to work, if that’s the outcome you want. Contact us to schedule a consultation at our office in New York City, or over the phone.

What to Do If Your Contract is Terminated for Reporting Sexual Harassment

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When you report sexual harassment on the job, sometimes you take your career in your hands. W-2 employees can file a retaliation claim under gender discrimination laws through the EEOC or local authorities. But what about independent contractors or contract workers? What can you do if your contract is terminated for reporting sexual harassment?

In this blog post, I will review a report that actor Eliza Dushku was written off the CBS show “Bull” for reporting sexual comments that made her uncomfortable on set. I will discuss what retaliation can look like for contract employees, and what to do if your contract is terminated for reporting sexual harassment.

Actress Eliza Dushku’s Contract is Terminated for Reporting Sexual Harassment

Sexual harassment retaliation can happen to anyone, at any level, in any industry. In March 2017, it happened to Eliza Dushku. The actress is most well known for the role of Faith in “Buffy the Vampire Slayer” and its spin-off show “Angel”, as well as “Dollhouse” and “Banshee”. More recently she had signed on to play the role of criminal defense lawyer J.P. Nunnelly on the CBS series “Bull.” Initially brought on as a love interest for the show’s star, Michael Weatherly, Dushku impressed producers and she was promised the role was headed for more.

But then, Mr. Weatherly began making sexually inappropriate comments. According to a New York Times report, the TV star made remarks about Dushku’s appearance, joked about rape, and made reference to a threesome. Ms. Dushku confronted Weatherly, objecting to the comments. Then suddenly, she was written off the show in a move she believed was motivated by sexual harassment retaliation.

After Ms. Dushku’s contract was allegedly terminated for reporting sexual harassment, she and her employment discrimination attorneys entered a confidential settlement with CBS. The company ended up paying her $9.5 million — the equivalent of four seasons worth of work. CBS also promised to improve working conditions following the settlement.

Options Available to Contract Workers Facing Sexual Harassment Retaliation

When your industry relies on contracts and gigs instead of permanent employment, enforcing anti-harassment laws can be challenging. Federal anti-discrimination laws prevent employers from considering sex or gender, or past reporting of sexual harassment claims in making employment decisions. Retaliation is a claim all on its own. So even if the conduct reported didn’t amount to gender discrimination or sexual harassment, you are still protected from being fired for reporting it or participating in an investigation. The definition of retaliation is broad enough to include any “adverse employment decision.” That include hiring and firing, but it also is broad enough to include not renewing or terminating a contract for an independent contractor or short-term worker.

For New York contract workers, there are additional protections available under the New York State Human Rights Law. The law is written broadly, to protect employees, non-employees, vendors, and anyone else providing services to a business. That means when a New York contractor’s contract is terminated for reporting sexual harassment, he or she can file a complaint with the Division of Human Rights just as though he or she was a full-time employee.

When contract workers report sexual harassment, they are often rightfully concerned their contracts won’t be renewed at the end of their term. Contract-based employment is less stable by nature. Actors like Ms. Dushku may find their show has suddenly taken a different turn. Consultants may find their clients have decided to “go another way”, often without any further information about why. That can leave the former employee with little more than a hunch that retaliation has occurred. When contract workers bring their former employers to court, the companies often claim the decision not to renew the contract was based on anything from budget to “economic factors” to vague references to “fit”.

When that happens, you need an experienced sexual harassment attorney to stand up for your right to be free from retaliation in your job. At Eisenberg & Baum, LLP, our experienced gender discrimination and sexual harassment attorneys know you don’t have to earn a salary to face sexual harassment retaliation. When your contract is terminated for reporting sexual harassment, we know how to make federal anti-discrimination laws and the New York State Human Rights Law work for you. Contact us to schedule a consultation at our office in New York City, or over the phone.

Google Employees Walk Out Over Sexual Harassment Buyouts

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A news article about sexual harassment buyout four years ago sent Google employees to the streets in New York City and around the globe. They protested $90 million paid to Andy Rubin, the “Father of Android” and other high-level golden parachutes paid after those executives were credibly accused of sexual harassment by Google employees. Find out the options available to workers harassed by executives in their company, especially when those companies praise the abuser and silence the abuse.

In this blog post, I will review a New York Times report of walkout protests by Google employees prompted by sexual harassment buyouts offered to male executives accused of harassment. I will review federal and state law related to how employers should respond to allegations of sexual harassment, and will discuss what options employees have when their harassers are offered golden parachutes.

Google Covers Up Sexual Harassment Buyout for Four Years

On October 25, 2018, the New York Times published an article exposing a scandal at Google four years in the making. In October 2014, Andy Rubin, creator of Android mobile software, resigned from the company after Google investigated allegations of sexual misconduct, finding them credible. A female employee reported Rubin coerced her into performing oral sex in a hotel in 2013 as part of an extramarital affair. After the investigation revealed her allegations were credible, Google asked Rubin for his resignation.

But at the time, Rubin’s departure from Google was more of a celebration than a punishment. Larry Page, Google’s CEO at the time, wished Rubin well, applauding him for “creating something truly remarkable — with a billion-plus happy users.” The company also paid him a $90 million exit package over four years, ending in November 2018.

A Pattern to Dismiss and Protect Executives

Rubin wasn’t the only one Google treated to a golden parachute. The company took similar action in two other cases where executives were accused of sexual harassment. While sexual harassment buyouts weren’t necessarily common at the company, in two cases, the executives accused received generous exit packages. In another the executive stayed with the company in spite of the accusations. In all of these cases, Google stayed silent about the sexual harassment allegations.

Google Employees Protest Golden Parachutes

When the news of these severance packages went public, Google employees around organized walkouts in protest. In New York, 3,000 workers gathered in a local city park with signs and organizers stood on chairs with megaphones to address the crowd. They chanted “Time’s Up”, after a similar movement in Hollywood last year. Similar protests erupted across the globe — including Singapore, Hyderabad, India, Berlin, and London — as well as in Chicago and Seattle. The message at all these protests was the same: Google needed to do more to recognize diversity among its workforce. That included treating the victims of sexual harassment fairly, and not offering bailouts to their harassers.

Options for New York Employees Facing Sexual Harassment

The protests happened just as New York State was rolling out new regulations for public and private employers across the state. The new law mandates every company with employees in New York to adopt an anti-discrimination policy including reporting procedures and clear descriptions of potential consequences for unlawful behavior. By October 2019, employers must also provide annual sexual harassment prevention training to all their employees.

These protections are on top of federal sexual harassment protections under Title VII of the Civil Rights Act. Both laws make it illegal for an employer to base hiring decisions on a person’s sex or gender. Employers are required to investigate and take reasonable steps to respond to allegations of sexual harassments by coworkers, contractors, supervisors, and even executives.

Are Sexual Harassment Buyouts Reasonable Responses to Complaints?

Those reasonable responses to sexual harassment allegations can sometimes include firing the person accused of harassment. But when a forced resignation comes with a sexual harassment buyout and a glowing recommendation, it may not seem like much of a punishment at all. The law doesn’t prohibit employers from offering severance packages to employees accused of misconduct. However, companies are also allowed to fire employers on the spot, without notice or severance. What is reasonable in a particular situation is a question for the New York Division of Human Rights, or the Equal Employment Opportunity Commission.

At Eisenberg & Baum, LLP, our sexual harassment attorneys know that a sexual harassment buyout never feels like a fair response to allegations of misconduct. We will meet with you and review your options when your employer chooses an executive’s comfort over your complaint. Contact us today to schedule a free consultation.

2019 Brings New Sexual Harassment Training Requirements to New York Employers

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New York state has tightened its rules about sexual harassment at work. Starting in 2019, the state is imposing new sexual harassment training requirements on all New York employers for new hires and existing employees. Find out what to expect and what you can do if your employer isn’t living up to expectations.

In this blog post I will review a New York law that imposes sexual harassment training requirements for new employees on all state and private employers. I will review guidelines published by the state setting deadlines and best practices for the trainings. I will also review who is covered by the law, and how employers may try to get around the training requirements.

Sexual Harassment Training is Key to Preventing Hostile Work Environments

Sexual harassment in the workplace can create tension between employees and build a hostile work environment where no one wants to work. From an employer’s perspective, sexual harassment may interrupt productivity, increase absenteeism, and cause valuable employees to leave. But detecting and preventing sexual harassment can be difficult, especially because some forms of harassment almost always happen behind closed doors.

A key part of preventing hostile work environments is training employees to recognize the signs of gender discrimination and sexual harassment, and to know how to report when harassment occurs. That’s why New York State made mandatory sexual harassment training a part of its 2019 State Budget. The new law, which was effective October 9, 2018, was the first of its kind, imposing sexual harassment training requirements on both public and private employers across the state.

What’s Included in the New Sexual Harassment Training Requirements

When the announcement of the sexual harassment training requirements was first made, some commentators were concerned about the details. They said not all trainings were created equal. The effectiveness of the training depended on what was involved, and how well employers implement the the new programs. The New York State model trainings address many of these concerns. At a minimum, the training must:

  • Be completed as soon as reasonable after each attorney was hired
  • Happen at least once per year
  • Be interactive
  • Explain what sexual harassment is
  • Give examples of unlawful sexual harassment conduct
  • Describe state and federal remedies for the victims of sexual harassment
  • Explain employees’ rights and where and how they can assert these rights
  • Address how to respond to unlawful conduct by superiors
  • Lay out the additional responsibilities for supervisors

Originally, these sexual harassment training requirements were scheduled to take effect on January 1, 2019. However, after receiving public comment, the Department of Labor and Division of Human Rights pushed back the deadline. Now, all New York employees must complete sexual harassment training no later than October 9, 2019.

New York Division of Human Rights Provides Model Training Videos

To help employers meet the sexual harassment training requirements, the Department of Labor and Division of Human Rights have put together a script, a slides for use for in-person training, and sample training videos for employers to use. However, the videos alone won’t satisfy all the employer’s responsibilities. On its website, the State said,

“The videos below, which may be watched via YouTube or downloaded, meet all state minimum training requirements except one: the videos alone are NOT considered interactive. If you are using this video to meet the training requirements, you must also: ask questions of employees as part of the program; accommodate questions asked by employees, with answers provided in a timely manner; or require feedback from employees about the training and the materials presented.”

Options for Employees When Employer-Provided Trainings Fall Short

The sexual harassment training requirements are designed to hold employers responsible for preventing and responding to sexual harassment in the workplace. When those trainings fall short, and sexual harassment occurs, employees have the right to file a complaint with the New York Division of Human Rights and the federal Equal Employment Opportunity Commission.

At Eisenberg & Baum, our New York City-based sexual harassment attorneys know how the new laws have affected your rights, and what you can do if your employer isn’t keeping up with the sexual harassment training requirements. We will help you negotiate with your employer, file the necessary administrative claims, and represent you in court. Contact us to schedule a consultation.