Top New York sexual harassment lawyer Derek Smith is representing two Guerlain counter clerks at Saks Fifth Avenue in a new employment lawsuit.
According to court papers filed in Manhattan Supreme Court, a male makeup artist repeatedly harassed perfume clerk Pako Mikel and skincare specialist Denise Klerx while working the Guerlain counter. The egregious behavior even escalated to physical assault when the makeup artist allegedly fondled Klerx’s breasts and grabbed Mikel’s crotch. What’s even worse, a manager reportedly witnessed the conduct and did not nothing to stop it.
In addition, the court record states that the makeup artist repeatedly showed Klerx pictures of his penis on his cell phone and shared details about his sex life with Mikel. The harassment started in July 2013 when the makeup artist was hired and did not stop until Mikel was terminated and Klerx quit.
Attorney Smith said his clients’ supervisor never punished the alleged harasser. At one point he said to Mikel and the makeup artist: “Okay you two. No more sex talk.” According to Smith, Mikel was horrified that his manager thought he was willing participate in the harassment.
What happens if my managers ignore my sexual harassment complaints at my NYC workplace?
It is your employer’s responsibility to prevent and address harassment and discrimination at work. A company should put in place adequate anti-harassment policies and let employees know how to report sexual harassment through the proper channels.
If your employer took “reasonable” measures to end the harassment, they made be able to skirt legal responsibility. Additionally, if you failed to follow through on the company’s guidelines for filing a harassment complaint, your employer might also be able to avoid liability. However, New York City’s employment laws are very liberal and you still may be able to make a case depending upon the circumstances.
If your supervisor knew your co-worker was creating a hostile work environment by sexually harassing fellow colleagues, your employer could certainly be held accountable. If the employer knew of the harassment, or should have known, and didn’t stop it, you may have grounds for a lawsuit.
Let one of our New York City sexual harassment lawyers review your case to see if you may qualify for compensation.
The Derek Smith Law Group, PLLC handles a multitude of cases that involve sexual harassment in Manhattan and the greater New York City area. For further information, please feel free to call us at 212-587-0760 for a free consultation.