What Relief is Available to Discriminated and Harassed Workers?
What relief is available to victims of sexual harassment or employment discrimination is often the most important issue to workers in New York who have suffered on the job harassment or discrimination. If you have experienced this type of treatment, the semantics and particularities of employment law litigation are probably not very important to you. What is important is how you can be made whole for the sexual harassment or employment discrimination you have suffered.
There are several types of relief commonly available to victims of workplace discrimination or harassment:
- Monetary compensation for lost wages, other economic damages and emotional harm
- Injunctive relief ordering the employer to restore the plaintiff’s previous position or working conditions, or placement in the position the plaintiff rightfully should have received
- Punitive damages in cases of particularly malicious or reckless conduct
- Attorney fees
In a fairly recent case brought by the EEOC on behalf of employees of KarenKim, Inc. grocery stores, the courts also provided a more novel form of relief — enjoining the harasser from entering the defendant’s grocery stores.
The case involved a string of incidents of both verbal and physical sexual harassment of female employees by a male employee at the defendant’s grocery store. The male employee was fired only after other employees repeatedly complained about his conduct on the job. However, he continued to frequent the store as a contractor. Following a lawsuit by the EEOC, a federal jury found against KarenKim, awarding substantial compensatory and punitive damages to 10 female employees in the sexual harassment case.
Following the verdict, the EEOC asked the court to enjoin KarenKim from rehiring the harasser or permitting him to enter its store for a period of at least 10 years. The trial judge refused to grant the request but the U.S. Court of Appeals for the Second Circuit reversed, finding that the district court had abused its discretion by refusing the request for injunctive relief. While this is an especially egregious case of sexual harassment, it does show that courts are serious about protecting employees from pervasive sexual harassment.
New York City Sexual Harassment Attorneys
The NYC Employment Law firm of Derek T. Smith Law Group, PLLC employs some of the most experienced New York Sexual Harassment Attorneys that will fight for your rights as an employee. Our sexual harassment lawyers serve clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island and throughout the state of New York. We also represent employees sexual harassment cases in New Jersey, Pennsylvania & Washington D.C. Our Sexual Harassment and employment discrimination attorneys offer free consultations and charge no fee unless we recover for you in your case. Call today !!