Hi, I’m Scott Peterson from D’Orazio Peterson LLP. Our goal with this show is to help New Yorkers understand their rights when it comes to workplace issues like employment discrimination, retaliation, and sexual harassment. If you’re facing a difficult situation at work, this information can help you make informed decisions as you navigate what can be a confusing and overwhelming legal process.
What Does a Sexual Harassment Case Actually Look Like in New York?
One of the most common questions we get is: “What does the legal process look like if I file a sexual harassment or discrimination claim?”
To answer this, I want to walk you through a real example of a case we handled for a firefighter employed by a local municipality here in New York State.
Case Overview: Sexual Harassment and Retaliation in a Municipal Job
Our client, a firefighter, had experienced ongoing harassment in the workplace. The situation had become so toxic that when they reported the misconduct, they faced retaliation from colleagues and superiors. This retaliation created a hostile and unsafe work environment, ultimately forcing the firefighter to leave the job.
How the Legal Process Works in New York
Step 1: Investigation and Case Evaluation
When the firefighter came to us, we conducted a thorough investigation. We determined there was a strong case for:
- Sexual harassment
- Retaliation
- Discrimination
Step 2: Filing with the EEOC and Municipality
In New York, especially when public employees are involved, there are two initial steps:
- Filing a charge with the EEOC (Equal Employment Opportunity Commission) – This is often required before a federal lawsuit can proceed.
- Filing a Notice of Claim – In New York, if you’re bringing a claim against a public employer (like a city or town), you must file a Notice of Claim within 90 days of the incident.
Step 3: Pre-Litigation Process
After filing, the firefighter underwent a formal questioning process (a type of deposition) by attorneys representing the municipality. We made sure our client was fully prepared for this, and they did an excellent job.
Step 4: Filing in Federal Court
Since no resolution was reached during pre-litigation discussions, we moved forward with a federal lawsuit. We filed the case in the United States District Court for the Northern District of New York, located in Albany.
Step 5: Mandatory Mediation
In New York federal courts, mediation is mandatory in nearly all employment cases. Mediation is where both parties meet with a neutral third party (a mediator) to try to reach a settlement without going to trial.
In our client’s case, after several hours of negotiation, we reached a settlement that we believed was in our client’s best interest.
How Sexual Harassment Cases Are Resolved in NY?
- Some cases settle quickly.
- Others go to mediation.
- Some go to trial.
No two cases are the same. That’s why it’s so important to understand your rights and consult with an experienced New York employment lawyer early in the process.
Final Thoughts
At D’Orazio Peterson LLP, we have handled many workplace harassment, discrimination, and retaliation cases across New York. Whether you’re in Albany, New York City, Buffalo, or anywhere in between, we’re here to help.
If you’re facing harassment or retaliation at work, don’t wait. Get the information you need and protect your rights.
Questions? Contact us today.
Thank you for watching Episode 4 of the New York Employment Law Show. See you next time.