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.
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?
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.