Articles Posted in Sexual Harassment, Hostile Work Environment and Gender Discrimination

Our Award-Winning New York Sexual Harassment Lawyer has been asked to comment on a case filed by the Equal Employment Opportunity Commission (“EEOC”) against Costco Wholesale Corp (“Costco”). This case is discussed generally below. If you have any questions about your hostile work environment or other forms of harassment and discrimination, contact our office for a confidential consultation to learn your rights, options and how to protect yourself. It can be difficult to speak up but it is important to assert your rights and stop the harassment.

Sexual harassment remains a serious problem in the workplace. Our Award Winning New York Employment Law Attorney often speaks about gender discrimination and harassment in the workplace. This blog will discuss a recent case where at least 13 female employees were subjected to physical and verbal sexual harassment at work. To add insult to injury, 3 female employees were fired after they complained of the harassment. It is important for victims of sexual harassment to speak up. Contact our office for a confidential consultation to learn your rights, options and how to protect yourself in an abusive environment.

The female workers were employed at Smokin’ Spuds Inc. d/b/a MountainKing Pot which operated a potato packing plant in Colorado. The Complaint alleges that Production Supervisor Samuel Valdez engaged in sexually inappropriate activity and harassed the female employees. Specifically, it was alleged that Mr. Valdez pulled one of the female employees who reported to him into his office, turned off the lights and forced her to sit on his lap. Second, it was alleged that the supervisor made sexually offensive comments, gestures and advances to the female employees. Third, as if that was not bad enough, it was alleged that he inappropriately touched the female employees and licked his finger and put in the ear of a female employee. Clearly, the alleged conduct was offensive and did not stop even though the female employees complained and asked for it stop. Finally, it was alleged that the supervisor retaliated against the employees when they rejected his advances by giving them less favorable assignments and disciplining them. The employees did not allegedly get any help from management who refused to take steps to stop the harassment. Because the harassment was not stopped, it allegedly went on for years.

Our Award-Winning New York Employment Law Attorney is often asked to speak about sexual harassment in the workplace. With the approaching holidays, it is important that employers, management, and other staff are made aware that holiday parties, whether in the office or at work-sponsored events at other venues, are not license to behave badly. While holiday parties may be an excellent morale boost for employees and offer an opportunity for team building, offensive conduct may make the season a little less jolly for all.

Most are aware that federal, state, and some local laws prohibit sexual harassment in the workplace (for more detail on what constitutes sexual harassment in the workplace, generally, please see our several previous blogs on sexual harassment, below). While employers are not generally responsible for acts of sexual harassment that result from non-work-related, off-duty interactions between employees, employers may be liable for incidents that occur at work events like holiday parties.

Behavior, in part or in full, that has constituted sexual harassment during a holiday party includes:

Our Award-Winning New York Employment Law Attorney has represented victims of sexual harassment in the workplace. Sexual harassment is a form of gender discrimination and is prohibited by federal, state, and local laws. Specifically, the federal statute – Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of sex (as well as race, religion, color, or national origin) in the terms and condition of employment which include: recruitment, selection, assignment, transfer, layoff, termination, training or development opportunities, wages and salaries, sick leave time and pay, vacation time and pay, overtime work and pay, medical, hospital, life and accident insurance, or other employee benefits.

There are two types of sexual harassment cases and they are discussed below for your general information:

1. Quid Pro Quo