Under the new revised statute as of May 9, 2018, even if you’re the only employee, and you are being sexually harassed, being subjected to unwelcome sexual conduct, a sexually hostile work environment, you are in a position now to hold your employer accountable.
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.
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 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.