In 2012, Marissia Estabrook filed a complaint against her former employer Safety and Ecology Corporation. When the matter was heard in December of that year, the New Jersey District Court ruled Ms. Estabrook failed to properly plead her case, and dismissed her claims.
In February of this year, the United States Court of Appeals, Third Circuit took issue with the lower court ruling and proceeded to vacate the dismissal and remand the case for further proceedings.
Sexual harassment by a co-worker, supervisor or other personnel in the workplace is professionally and emotionally damaging. In this case, the Appeals Court ruled Ms. Estabrook had provided sufficient evidence of her claims, including:
- Ms. Estabrook worked as a chemist at Safety and Ecology. She alleges she was repeatedly sexually harassed by a co-worker, Marcus Chase.
- In her complaint, Ms. Estabrook noted several women also suffered harassment by Mr. Chase.
- In her case and the others, Mr. Chase retaliated against women who refused his advances. In the case of Ms. Estabrook, rumors of scientific misconduct were leveled against her after she spurned Mr. Chase.
- The ongoing antagonism by co-workers after she refused the advances of Mr. Chase led to her legal claim of retaliatory harassment.
The necessity of skilled legal counsel in matters of employment and sexual harassment is important. Having prevailed on appeal, Ms. Estabrook has another day in court to see justice done.
If you have questions about sexual harassment by a co-worker in New York, seek skilled legal counsel.
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