by Stephen D. Hans | Jul 11, 2013 | Sexual Harassment
Julie Hermann, who was recently hired by Rutgers University to forge a new path for their athletics program has become the center of a storm which could turn out to be yet another Rutgers controversy. The issue is two-fold: Accusations of her misconduct in a coaching job she held in the 90s and; A 2008 sex discrimination lawsuit at Louisville when she was a senior athletics administrator. In the 2008 case, an assistant track and field coach said she complained to Hermann about sexist behavior and discriminatory treatment by the head coach. Three weeks after taking her complaint to the human resources department, the assistant coach, Mary Banker, was fired. The revelation of Banker’s lawsuit which holds Hermann largely responsible for Banker being fired, will probably only intensify the roiling dispute at Rutgers over the hiring of Hermann in the wake of the Mike Rice abuse case. Rice, the former men’s basketball coach, was seen berating players at practice in a video broadcast by ESPN. The video led to Rice being fired and Tim Pernetti, the athletic director resigning after Rutgers officials were criticized for suspending Rice instead of firing him when they learned of the video. State legislators, private donors, and other critics have been very vocal about Hermann’s hire. In fact, some have asked her to resign. Perception can be reality in discrimination cases In the 2008 lawsuit, Banker was awarded $300,000 for mental and emotional distress, $71,875 in lost wages and $149,325 in attorney fees by the jury. However, a Kentucky appeals court overturned the verdict. Banker’s attorney is now asking the Kentucky Supreme Court to...
by Stephen D. Hans | Jun 6, 2013 | Sexual Harassment
In our politically correct and litigious world, employers need to establish strong and specific policies regarding sexual harassment. Not only is this behavior against the law but if a sexual harassment case is proved it can affect your reputation, finances, and even the future of your company. What is sexual harassment? The Equal Employment Opportunity Commission (EEOC) states that it is “unlawful to harass a person (an applicant or employee) because of that person’s sex.” And sexual harassment can manifest as: unwanted sexual advances, requests for sexual favors, and other verbal or physical actions that are sexual in nature. Even offensive remarks about a person’s gender can constitute sexual harassment. Examples of sexual harassment include but are not limited to: Offensive jokes Slurs Name calling Physical assaults or threats Intimidation Ridicule Insults or put-downs Offensive objects or pictures Interference with work performance And harassers can include: The victim’s direct supervisor A supervisor in another area An agent of the employer A co-worker A client of the company Employer liabilities for sexual harassment As an employer, you can be held liable for harassment by a supervisor that results in termination, failure to promote or hire, and loss of wages. You can also be held liable for harassment by non-supervisory employees or non-employees over whom you have control such as independent contractors or customers on the premises. If the accuser can show that you knew or should have known about the situation and failed to take quick and appropriate action you may find yourself paying fines, settlements or defending employees in criminal and civil court. Prevention is the best approach –...
by Stephen D. Hans | Oct 17, 2012 | Sexual Harassment
The loose restaurant culture has long been a breeding ground for sexual harassment. Since sexual harassment first became a legal issue, where to draw the lines has been the legal challenge facing restaurant owners. Inherent in the definition of sexual harassment is the word unwanted. Frequent unwanted sexual behavior or advances constitute sexual harassment. However, if the behavior is not unwanted or is even welcomed, then no grounds for sexual harassment exist. In today’s litigious environment, restaurant owners must become legally savvy about developing and implementing policies that protect their businesses against sexual harassment lawsuits. About a year ago, presidential hopeful Herman Cain’s aspirations quickly faded when earlier allegations of sexual harassment came back to plague him. As the former CEO of Godfather’s Pizza, a decade or more earlier he had settled several sexual harassment claims outside of court to minimize the repercussions of bad publicity. While a statute of limitations may exist for bringing legal action, media exposure knows no such limits. An NBC News article reported that Equal Employment Opportunity Commission (EEOC) data shows 37 percent of the discrimination suits and settlements involving sexual harassment have arisen out of the food service industry. Jokes and sexual comments that were freely and unwittingly made between workers in the past may not hold up in today’s legal climate. Consult a New York employment defense lawyer about how to insulate your restaurant or business from sexual harassment lawsuits. For more than 30 years, Hans & Associates, P.C. has helped businesses handle employment issues throughout Queens and New York...
by Stephen D. Hans | Oct 8, 2012 | Employment Law, Sexual Harassment
Author: Hans & Associates, P.C. While wage and hour violations are a common target for litigation in the restaurant industry, so is sexual harassment. Recently, a New York chef and restaurant owner became the high profile target of a blog that accuses him of sexual harassment. This is not the type of publicity any restaurant owner would want. According to the New York Daily News , 22 former female workers of Juventino, a gourmet Fifth Avenue restaurant in Brooklyn have created a blog article that describes their hostile work experiences. They allege that the restaurant owner, Juventino Avila abused them through hostile comments and sexual advances. The purpose of the blog is to expose a restaurant culture that condones sexual harassment. The blog describes abusive treatment as an industry attribute that women accept because they want to keep their jobs. Only one of the bloggers actually intends to take legal action against the restaurant owner. Restaurant owners who work with an attorney can learn about industry pitfalls and how to avoid them and protect their businesses. Defending against sexual harassment is common within the restaurant industry. Of course the best defense is understanding what constitutes sexual harassment and having business policies in place that owners and workers alike must abide by. Restaurant owners also are responsible for seeing that their employees do not sexually harass other employees. Stephen Hans of Hans & Associates, P.C. is a New York employment defense lawyer who works with small and medium-sized businesses in the Queens and New York City area. Providing more than three decades of legal experience, he defends his clients’ rights...
by Stephen D. Hans | Jul 30, 2012 | Sexual Harassment
Author: Stephen D. Hans There are many ways an employer can respond when an employee complains about sexual harassment. Some ways are savvy and legal and other ways violate New York and federal laws. Sexual harassment is an unpleasant issue. Consequently, employers may want to avoid investigation, ignore the issue, and hope it goes away. Legally, this is not effective for several reasons. When an employer fails to take any action to correct a sexual harassment problem, the employee is entitled to file a complaint with the Equal Employment Opportunity Commission (EEOC). Or, even worse, suppose rather than confronting the employee accused of sexual harassment, the employer sympathetically asks the overwhelmed employee if she would rather have the company just cut her final paycheck. This seemingly considerate approach that commiserates with the victim’s desire to escape the abuser can backfire and result in a retaliation case. Burlington v. White was a Supreme Court case heard in 2006 that changed how courts nationwide view of retaliation. In this case, the Supreme Court concluded that the employer’s actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination. Encouraging an employee to solve a harassment problem by quitting insinuates that nothing can be done about the harassment and could be viewed as dissuading the employee from filing discrimination charges. If sexual harassment or discrimination is an issue with employees, consult a New York employment defense lawyer . An attorney can help you put the proper employment practices in place and avoid...
by Stephen D. Hans | Feb 3, 2012 | Sexual Harassment
Author: Hans & Associates, P.C. Sexual harassment falls under discrimination, and employers often find themselves treading on eggshells when it comes to sexual harassment. NYC Human Rights Law Title 8, the New York City Human Rights Law (NYCHRL) is more comprehensive and restrictive than state or federal anti-discrimination laws. For example, federal law, Title VII of the Civil Rights Act applies to employers with 15 or more employees. However, Title 8 applies to NYC businesses with four or more employees. Recent landmark case ruling Many court rulings become case law which affects the way courts view and rule on subsequent sexual harassment lawsuits. A case in point is Zakrzewska v. The New School a landmark case heard by the New York Court of Appeals in 2010. The appellate court’s interpretation of the NYCHRL supplanted an affirmative defense previously used by employers in sexual harassment cases. The affirmative defense allowed employers to avoid liability when employees failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise (supported by rulings in Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth). However, in Zakrzewska v. The New School, the court ruled that employers are strictly liable, whether the employee reports a sexual harassment incident to the employer or not. This ruling made the already stiff New York sexual harassment laws more stringent for employers. Protect your interests For small and mid-sized NYC business owners, if you have questions about where sexual harassment lines are drawn, consult an experienced New York employment law attorney about limiting your...
