Unemployment Benefits Granted to Woman Who Quit Due to Sexual Harassment

Christina Gascon, who quit her job due to ongoing sexual harassment by her supervisor, the owner of the company.

For employees who quit jobs due to sexual harassment, unemployment benefits are not guaranteed.

According to the Laws of New York, employees who voluntarily leave their jobs without good cause are disqualified from receiving benefits. With some exceptions, this means victims of employment discrimination who quit may have a hard time collecting unemployment.

In an appeal decided in May of this year, Christina Gascon responded to an appeal of an earlier decision by the Unemployment Insurance Appeal Board. In that action, her former employer appealed the decision granting her unemployment benefits.

The facts of the appeal include:

  • Ms. Gascon voluntarily quit her job at Electron Coil after suffering “persistent and escalating sexual harassment” by the owner, who was also her supervisor.
  • Despite denials by her employer, Ms. Gascon offered credible testimony and description of the final episode of harassment that precipitated her quitting her job.

Noting the Unemployment Insurance Appeal Board reviewed the credibility of the testimony and statements of Ms. Gascon, the Third Division affirmed an earlier decision of the Appeal Board. The ruling allows for Ms. Gascon to continue receiving unemployment benefits although she voluntarily quit her position.

If you suffer sexual harassment in New York City, speak with an experienced labor attorney. A seasoned attorney can guide you through the process to halt the harassment or ensure you are compensated for the losses you suffer.

Speak with our firm when you have questions about employment discrimination in New York.

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By Derek T. Smith, Esq. | Published August 7, 2014 | Posted in Employment Discrimination, Employment Law, New Jersey Lawyer, New York City Lawyer, Philadelphia lawyer | Tagged , |

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