White Plains Employment And Commercial Law Blog

Women who believe they have been sexually harassed on the job and had other employee rights violated are increasingly willing to lodge complaints over how they have been treated. This is true in New York and across the nation. Even with the increased willingness to speak up about illegal workplace discrimination, civil rights violations and sexual harassment, hindrances remain in place. One concern that dissuades many from speaking up is forced arbitration. Common in the corporate world and present in other careers, being limited in options and forced to pay significant sums due to forced arbitration can be problematic.

In one recent case, forced arbitration has sparked New York State lawmakers to speak out about how a woman was treated not just by employers and coworkers, but through the arbitration process. In the case, the professional services company Ernst & Young is accused of mistreating a female employee who complained about sexual harassment and illegal workplace discrimination when she filed her case in 2018. The woman was a partner and stated that she was sexually harassed and was subject to wage discrimination. This was said to be prevalent against women at the company with statements made about their bodies amid other inappropriate comments.

New York employees who have been sexually harassed in the workplace might take solace in the increased attention and scrutiny to put a stop to it. Research indicates that there has been a reduction in sexual harassment on the job since the #MeToo movement gained prominence. Still, the news is not completely positive as research shows that gender harassment increased in the two years since the #MeToo movement. Those who are still facing sexual harassment or are now dealing with gender harassment should remember they might have the right to file employment claims because of it.

A study from the University of Colorado says that women reported a reduction in sexual harassment from 2016 to 2018. This reduction directly coincided with the #MeToo movement. More than 500 women took part in a survey in September 2016 and again two years later. They stated that various forms of harassment including unwanted looks, touches and general attention had reduced in that time. 25% said they received this type of attention in 2018. 66% said the same in 2016. There was a reduction in sexual coercion to 16% in 2018 compared to 25% in 2016.

New York employers understand the difficult nature of running a business and how problems with human resources and employee relations can have a negative impact on the workplace and the business overall. To combat that, most employers will have detailed employee handbooks containing workplace policies such as appearance and comportment, and they expect employees to adhere to the rules therein. Recently, California passed a law that outlaws workplace discrimination based on hairstyles. Now, New York has done the same.

The law was signed by New York State Governor Andrew Cuomo. He stated that it was an attempt to avoid discriminatory practices from the past. With this new law, employers cannot mandate that workers alter their hairstyle to conform with the workplace or face termination or not getting the job in the first place. Employers cannot order workers to avoid dreadlocks, braids or for them to straighten their hair. This is frequently categorized as a racial issue for people of color concerned that their natural hair and wearing it as such could cause problems at work.

With the attention that sexual harassment is now getting in New York and across the nation, it is no surprise that many states - New York included - are tightening up the laws regarding how these allegations are handled. While these steps are intended to protect employees, it is undeniable that they can also make it difficult to conduct business if employers are repeatedly accused of sexual harassment and related violations, and the laws are in place to hold them accountable even if it is a situation that is not so clear.

For employers who are concerned about how the new employment law will impact them, it is crucial to have a grasp of the mandates. With the new law, employers are no longer shielded from liability if there is an employee who did not file a complaint or failed to adhere to the procedures that are required when filing a report. This is meant to protect workers who have been harassed and fail to complain because they were concerned about retaliation. In addition, the harassment does not need to be classified as "severe and pervasive."