Our firm frequently represents restaurants, bars, taverns and nightclubs faced with sexual harassment and discrimination claims. It is common knowledge that it is unlawful to discriminate or sexually harass an employee, but rarely does an employer understand the breadth of circumstances which can lead to the filing of these claims. A common employee claim is that an employer or co-worker created an intimidating or hostile working environment that would be offensive to a reasonable person. New York juries have found offensive conduct to include things such as: questionable jokes or emails, threats of violence, bullying, sexual or impliedly sexual pictures or objects, insults and other conduct which have interfered with an employee’s ability to perform their job.
For an employee to succeed in a discrimination or harassment claim, they must demonstrate the existence of “quid pro quo” harassment or a hostile work environment. “Quid pro quo” refers to circumstances where an employer or manager asks for sexual favors in exchange for a benefit to the employee. An agreement not to terminate and employee for his or her agreement to engage in a sexual relationship has been held to constitute “quid pro quo” harassment. A hostile work environment refers to discriminatory harassment so severe that reasonable person would feel threatened and/or intimidated.
Claims can also be filed for unlawful discrimination of a protected class when: hiring of employees, firing of employees, issuing demotions, granting promotions, assigning compensation and benefits, layoffs and more. Essentially, any negative treatment in the work place which involves a protected class may be subjected to scrutiny.
Our firm can provide guidance in these areas and identify the potential pitfalls an employer might face. If faced with a harassment or discrimination claim, our firm can aggressively defend your interests in all aspects of the litigation process.
If you own or operate a restaurant, bar, tavern or nightclub anywhere in Manhattan, Brooklyn, Queens or the Bronx, and have been accused of employment discrimination or sexual harassment, please call DiPasquale & Summers today for a free consultation. |