Sexual Harassment Case Against Harvey Weinstein Dismissed In Federal Court, Then Filed In State Court.

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A Federal Court lawsuit in the United States District Court for the Southern District of New York against Harvey Weinstein, filed by his former personal assistant Sandeep Rehal, has been dismissed.  In the lawsuit, Rehal, who was Weinstein’s personal assistant from February 2013 through February 2015, alleges, among other things, that Weinstein made her pick up used condoms, clean semen from his couch and maintain a supply of injectable erectile dysfunction drugs.  The Federal Court case was dismissed on jurisdictional grounds because Rehal could not allege the citizenship of the Weinstein Company defendants in such a manner as to come under the jurisdiction of the Federal Court.  In light of the fact Rehal was not suing under a federal statute, she was  required to allege the citizenship of each of the defendants.  In a letter to the Court, Rehal’s attorney informed the Court that she could not allege the citizenship of the Weinstein Company defendants.  Thereafter, the Court dismissed the case.

However, the story did not end with the Federal Court dismissal.  On February 27, 2018, Rehal filed her action in New York State Court.  In the State Court lawsuit, Rehal makes the same allegations as in the Federal Court case and claims that Weinstein violated the New York State and City of New York Human Rights Laws.  In light of the fact that those laws have a three year statute of limitations and Rehal alleges that she last worked for Weinstein in February 2015, it is possible that Weinstein may seek to have the State Court action dismissed on the ground it was commenced after the statute of limitations expired.

Stay tuned.  We will post further developments in this case.

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Is It Too Late To Start Your Workplace Sexual Harassment Lawsuit In New York?

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If the workplace sexual harassment happened less than three years ago, then you should have time to bring your sexual harassment lawsuit in New York State Court.

Sexual harassment is a form of employment gender discrimination that is governed by Federal, New York State and New York City Law.  The time in which you have to file your sexual harassment lawsuit in court is determined by the applicable Statute of Limitations.  The Statute of Limitations for filing your lawsuit under New York Sate and New York City law is three years.  The time for commencing your lawsuit in Federal Court is somewhat shorter.  In order to bring a sexual harassment action in Federal Court, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days of the last incident of sexual harassment.  Thereafter, you can request from the EEOC a right to sue in Federal Court.

If it is too late to file your claim with EEOC, there is no reason to be concerned, if you have a New York sexual harassment claim.  You can still file your action in New York State Court, as long as the last incident of sexual harassment occurred less than three years ago.

This article is for information purposes only.  It is not intended to be relied upon by the public as legal advice.  It is recommended that you speak with an attorney concerning any legal matters you may have.  No attorney client relationship is intended to be created by this article.  An attorney client relationship can be created with the author of this article by a written retainer agreement only.

Fired For Being Too Cute? Can You Bring A Sexual Harassment Lawsuit?

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The Answer is YES according to one New York State Court.

In the case of Edwards v. Nicolai, 2017 NY Slip Op 06235, the Appellate Division, First Department held that a female worker at a chiropractic office, operated by a husband and wife, could maintain a lawsuit against her employer who the worker alleged fired her because the wife thought the worker was too cute and was unjustifiably jealous of the worker’s relationship with her husband.

In Edwards, the female worker alleged that she worked at a chiropractic office co-owned by a husband and wife.  The female worker claimed she had a purely professional relationship with the husband.  However, the husband told the female worker that his wife might become jealous because the female worker was “too cute.”  A few months later, the wife sent the female worker a text message telling the female worker that she is not welcome at the chiropractic office any longer and to stay away from her husband.  A few hours later,  the female worker received an email from the husband stating she was fired.

The Court determined that the female worker could bring a lawsuit for gender discrimination under the New York State Human Rights Law and New York City Human Rights Law.  The Court stated, “Here, while plaintiff does not allege that she was ever subjected to sexual harassment . . . , she alleges facts from which it can be inferred that [the husband] was motivated to discharge her by his desire to appease his wife’s unjustified jealousy, and that the wife was motivated to discharge plaintiff by that same jealousy.  Thus, each defendant’s motivation to terminate plaintiff’s employment was sexual in nature.”

Five Ways To Know If You Are Being Sexually Harassed At Work

 

Sexual harassment can occur in a number of different forms. Here are five basic ways that sexual harassment could take place at work.

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1. Sexually Propositioned – Asked out on a date by your boss or coworker.

2. Sexually Pressured – Threatened with loss of job for refusing to go along with sexual advances.

3. Subjected to Sexually Explicit Texts, Photos, Videos, or Language – Received sexual photos from boss or coworker.

4. Inappropriately Touched – A supervisor or coworker places his or her hands on you in way that makes you uncomfortable.

5. Sexually Assaulted – Physically attacked in a sexual manner.

If you believe you have experienced one of the following forms of sexual harassment in your workplace, call New York City Sexual Harassment Attorney, James J. Corbett, now (646) 598-9262

Free Consultation,   Available 24/7

New York City Office: 5 Penn Plaza New York, New York