3020A Hearings and Retaliation Claims

Tenured public school teachers have certain due process rights in the workplace. A teacher may not be fired unless the local board of education can show there was “just cause.” The teacher also has the right to an administrative review–commonly known as a 3020A hearing–at which he or she can confront

New York State Publishes Model Sexual Harassment Policy

Earlier this year, New York State adopted new legislation (included in the state’s budget) designed to expand worker protections against sexual harassment. Pursuant to this legislation, the governor’s office created a Combating Sexual Harassment in the Workplace website, which includes a model sexual harassment policy for employers. All New York State employers are required to

Dealing with Quid Pro Quo Harassment in New York

In its most basic form, sexual harassment occurs when an employer proposes a quid pro quo–that is, requests sexual “favors” from an employee or job applicant in exchange for employment-related consideration. This is illegal, period. No employer may ever condition hiring, firing, compensation, or promotion decisions on the basis of a person’s

Upstate Clinic Fined $60,000 for Failing to Stop Sexual Harassment

Every New York employer needs to take allegations of sexual harassment seriously. It is not enough to simply have a boilerplate policy that parrots the requirements of federal and state law. An employer must properly train its managers to handle sexual harassment complaints and take appropriate remedial action. Ultimately, if a manager

New York City Adopts New Measures to “Stop Sexual Harassment”

The New York City Council recently passed a package of new laws designed to address the prevalence of sexual harassment and hostile work environment complaints throughout the city. Known collectively as the “Stop Sexual Harassment in NYC Act,” the new legislation significantly expands the scope of private employers subject to the New York City

New York Extends Sexual Harassment Protections to Non-Employee Contractors

In response to the growing #MeToo movement against workplace sexual harassment, New York legislators recently expanded the protections of the state’s human rights law to cover individuals who are not legally classified as employees. Specifically, the recently adopted state budget includes language that provides that an employer is liable if it

Can I File an Employment Discrimination Lawsuit as a “Jane Doe”?

The major barrier to many New Yorkers filing an employment discrimination lawsuit is fear of public exposure or retaliation. Some people are simply embarrassed to come forward with their stories of sexual harassment or other workplace abuse. In many cases, employees are worried they will lose their jobs for exercising their legal rights. The

EEOC: Demeaning Female Employees in Front of Co-Workers is Sexual Harassment

All New York employers need to take sexual harassment seriously. When an employee complains about harassing, abusive, or even simply inappropriate behavior, the employer needs to conduct a proper investigation and take any appropriate remedial steps. What the employer should never do is retaliate against the employee who filed the sexual harassment

Can a Civil Servant be Fired for Sexual Harassment?

Section 75 hearings refer to the collectively bargained arbitration process that handles complaints against qualified New York City public employees. This includes adjudicating allegations of workplace misconduct such as sexual harassment. Although employees have certain due process rights in a Section 75 proceeding, they do not override the larger public policy objectives