Today’s video is about confidentiality. Nondisclosure agreements are no longer permitted just because your employer wishes to sweep your claim and your settlement under the rug. You, now as the victim of the sexual harassment must consent to the privacy, to the confidentiality, to the nondisclosure agreement if it is to occur.
If you’re being sexually harassed, subjected to unwelcome sexual attention, a hostile work environment due to your sex – up until April 2018, you wouldn’t be covered if you weren’t a W-2 employee.
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?
Whatever the challenge you’re facing, whether it is something related to pregnancy, or you have influenza, or a more serious issue and you need your employer to work with you, be flexible, compassionate, reasonably accommodate you – make sure that you’re documenting all of this, putting it in writing, so you’ll have a paper trail, because your employer can’t just be dismissive and cavalier and say, “Sorry, it’s too much of a pain in the butt for us, we’re not dealing with you anymore.” That would be illegal disability discrimination.
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.
If you are dealing with harassment in the workplace, very important that you complain to your employer. Give them a chance to investigate your allegations of gender discrimination, or harassment based on your race, color, pregnancy, national origin – it doesn’t matter. The point is, that you have to give the employer, the company, the opportunity to fix it.
If you are being sexually harassed and you work for an employer in New York, it doesn’t matter now how small your employer is. Even if there is only one employee, and you’re that employee, and you’re experiencing unwanted sexual attention – any kind of sexualizing conduct, or sexist hostility – you can now hold your employer accountable. And, if you prevail, you are entitled to your attorney fees for holding their feet to the fire.
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