Two young women have accused a Westchester County, NY Dunkin Donuts franchisee of sexual harassment.
The workers indicate that since 2011, the store manager made sexual propositions, including saying lewd comments daily such as him wanting to have a “threesome” with the women. He tried to kiss a female employee, talked about his genitals and put pressure on a female worker to have sex with him. After constant rejections of his sexual advances by one of the female workers, he would smack her in the face, yell at her on a daily basis and shout profanities; he also sent her home continuously during her shift. After she contacted the police, he terminated her employment.
A lawsuit filed in the Southern District of New York by the Equal Employment Opportunity Commission involves accusations towards one manager in particular who has worked at the store since March of 2011. That manager is being accused of sexually harassing an 18-year-old woman who called police in January 2014 following his alleged actions of grabbing and pushing her on several occasions and smacking her in the face.
Furthermore, the lawsuit indicates that the manager allegedly tried to rip the woman’s shirt off, kiss her, and grab her buttocks.
Under Title VII of The Civil Rights Act of 1964 employees are protected and should not be subjected to a hostile work environment because of sex. The employer cannot retaliate against an employee because of complaints or resisting but the employees became victims as their rights became continually violated despite the law.
New York District Director, Kevin Berry praised the women indicating “it took a great deal of courage for these young women to come forward and speak up against the manager who had power over their livelihood.” He also added that “Employers need to implement strong policies so that victims can report sexual harassment without reprisal.”
Berry is certainly accurate in his assessment about employers; it is the absolute responsibility of your job to have administrative guidelines in effect and ready to be acted on in the event sexual harassment violations occur. Sexual harassment creates a hostile work environment for the employees therefore; your employer is legally obligated to protect you from this misconduct.
If you have experienced sexual harassment, it’s essential that you report it. But how do you report sexual harassment if you cannot recognize it? Sexual harassment can be recognized as requests for sexual favors and unwanted sexual advances, but it also consists of offensive remarks or jokes about a person’s age, race, disability, or gender to name a few. Many people may not be aware that the victim or harasser can be a man or woman; or the victim or harasser can also be of the same sex. The harasser can be a supervisor, coworker, supervisor from another area, or a non-employee of the company like a client or customer. Sexual harassment in the workplace can also include pornographic pictures, graphic images of women and/or men, semi-naked or naked.
If you are feeling uncomfortable at your job, it generally means you are working in a hostile environment. If sexual harassment is present, it’s time to take action by reporting the misconduct to your superiors or your Human Resource Department in order to change the circumstances. If the situation is does not get rectified, it is important to seek the advice of an NYC sexual harassment and employment law attorney.
Our NYC sexual harassment and employment law attorneys are experienced in fighting for justice. They are passionate about representing those affected by sexual harassment and gender discrimination in New York City, New Jersey and Pennsylvania. Our Sexual Harassment Attorneys offer a free consultation and take no fee unless we recover for you.
For a FREE Consultation in NY, NJ & Philadelphia call to schedule an appointment with a sexual harassment attorney at the Derek Smith Law Group, PLLC in New York City, New Jersey, Philadelphia and Miami. You can reach us online or by calling 877-469-5297. Our employment law attorneys handle cases involving discrimination, sexual harassment, and other employment-related lawsuits. We serve clients throughout New York, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We also have offices in New Jersey, Philadelphia and Miami to serve you.
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