Why this is also really big news is that federal law, the federal Arbitration Act, case law interpreting it – permits employers to require employees who are starting a job as a condition of that employment to accept the notion that you give up your right to a jury trial, you give up your right to hold your employer accountable in court in a public forum for free when, if and when, you’re being discriminated against.
Glamour Magazine for its Solidarity Issue of June/July 2018 reached out to Jack Tuckner, Esq. with the question — How should the average person handle sexual harassment at work?
It’s the law, it’s the federal law if your employer has 15 employees, and if you work, depending on where you work, if you work in New York State, four employees. But chances are, if you work for an employer with at least 15 employees, you’re covered and it’s illegal when your employer disciplines you, or fires you because of their no-fault policy when you are pregnant.
If you work for a small employer in Connecticut, and your employer isn’t being flexible with you during your pregnancy, isn’t allowing you to sit down occasionally, or to take time to go to doctors, or to take a maternity leave; or when you come back from maternity leave, to express milk at work for your baby – all of this is now required by the Connecticut Human Rights Law with regard to your sex and your pregnancy.
Even if there is only one employee, one 1099 employee and that’s you, and you are being sexually harassed, you can fight back. Also under the same new revised law, effective July 2018, mandatory arbitration will no longer be mandatory for sexual harassment claims in New York.