5/10/2023 0 Comments Harassed on the jobThis informational blog post was provided by Kim Berg, an experienced New York Employment Attorney. In some instances where there is a high level employee who is doing the harassment there is the ability to proceed against the individual as an aster and better particularly under New York state law but those instances frankly are rare and what you are really going to be looking at absent is sexual assault by the individual is proceeding is proceeding against the employer. I might add that the action to stop the harassment doesn’t need to be a termination of the harasser it can be merely speaking to the harasser or writing the harasser up taking other forms of discipline as long as the harassment stops. The employer can be sued if there is a report of harassment and the employer takes no action to stop it. We ask a series of questions when someone reports this to us including who is the employee? Is this employee at a higher level in the company or this person just in the next cubicle from you? We also ask how many employees your employer has because again in state law, an employer can be sued with four or more employees under federal law we need fifteen employees. If you take 12 weeks and 1 day, the employer does not have to return you to the same position. The employer has to restore you to the same or equivalent position on your return. In the above mentioned lawsuit the hotel owner had already paid over $8,000 in legal fees and the case had not yet been resolved.At the office of Gould & Berg in White Plains, NY, people come and tell us that they are being harassed on the job by a fellow employee and the question that is asked is if I can take action against the employer and can I also take action against the employee. The employer has to have 50 or more employees and you had to be employed at least a year to qualify. Although, small businesses or privately owned businesses may think they are exempt from these types of lawsuits they are not. Therefore, it comes as no surprise when employers are being sued for equal access, as in the case of a Florida hotel owner. The particular patron that sued this hotel, had filed claims of disability discrimination against over 500 other facilities in 2014. As in the previous mentioned lawsuit, the patron never asked to use the wheelchair lift, yet because it was not visible it was considered not accessible. Although, the law is a little vague when stating who can sue or how often, it is left up to the courts to hear the cases to make a final judgment. Not only does the amended law which went into effect in 2012, require accessibility to the owner’s facility, but accommodations when using the restroom, to include the basin height (The Economist, 2017). Companies of all statures must ensure equal access to their facilities, so not to discriminate against a merchant. ![]() Equal Employment Opportunity Commission, 2017). Workplace Safety Equal access The Americans with Disabilities Act of 1990 forbids employers from discriminating against employees as well as patrons based on a disability (U.S. Harassment does not have to be of a sexual nature, however, and can include. Harassment can include 'sexual harassment' or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Ensuring all employees have access to a safe work environment that is accessible to all. It is unlawful to harass a person (an applicant or employee) because of that person's sex. For this is the essence of the Law and the prophets”. In Matthew 7:12 “In everything, then, do to others as you would have them do to you. Incorporating a policy addressing the importance of a workplace free of unwanted or unwelcome harassment would not only identify that it happens, but it would also address not condoning it. Harassment in the workplace regardless of the nature would not be tolerated. HUMAN RESOURCES POLICY 9 righteousness (Life Application Study Bible, 1988). However, Scriptures states in Isaiah 41:10 “Fear though not, for I am with thee: be not dismayed for I am thy God I will strengthen tee yea, I will help thee yea, I will uphold thee with the right hand of Although, many appear to report acts of misconduct, many employees do not say anything for fear of the consequences or perhaps due to retaliation (Hershcovis, 2010). ![]() According to the outcome the Court of Appeals determined that sexual harassment is considered a violation of Title VII to include asking for sexual favors for employment benefits along with unwanted demeaning comments due to the employee not engaging into sexual acts (Hersch, 2011). ![]() A landmark case presided by the Supreme Court ruled in the case of Meritor Savings Bank v. Sexual harassment takes on the form of many variations from colleague to colleague, supervisor to subordinate, same sex, as well as from outside contact, such as vendors. ![]() However, statistics state that over 10 thousand people filed sexual harassment charges in 2011 and over $50,000,000 was awarded to victims (U.S. Effectively without being harassed on the job.
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