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Sexual Harassment
In February 2009, our firm prevailed in a state court sexual harassment lawsuit against
a small business. This was a classic “he-said she-said” case, with the plaintiff alleging
that her boss groped her and routinely subjected her to offensive sexual propositions.
Her work environment was so bad that she quit the job after only a few weeks. The
jury ruled in our client’s favor, awarding her damages for pain and suffering. What
made this case unique was that the employer filed for bankruptcy in the middle of trial,
which automatically stayed any proceedings. We had to act fast or we would lose the
jury and have to start over once the bankruptcy proceedings ended, a process which
can take years. We immediately filed an emergency petition with the federal
bankruptcy court and persuaded the bankruptcy judge to temporarily lift the stay so
that we could finish the trial. Cheathem v. Great American Brochure and Catalogue
Co., Index No. 0513/05.
In December 2008, our firm prevailed in a federal sexual harassment lawsuit against a
business located in Middletown, New York. This was another “he-said she-said” case,
where our client claimed that her supervisor subjected her to sexual groping and
propositions. Our client resisted these advances and complained about the harassment
to the human resources office. The jury believed our client’s account, awarding her
damages for pain and suffering. This case was unique in that we relied on a relatively
obscure theory of employer liability. In most cases, if the employee complains about
supervisory sexual harassment and management promptly takes care of the problem,
the employee is without any legal remedy. Relying on cases from around the country,
we argued that since the harasser was a “proxy” or “alter ego” for the company, the
company was automatically liable for the harassment because the supervisor’s actions
were equivalent to the company’s actions. This theory only applies when the
supervisor is a high-level manager, i.e., vice president or partner. Although the
defendant argued at trial that it promptly investigated the internal harassment
complaint, the jury ruled in favor of the plaintiff because the harasser was a proxy for
the company. Townsend v. Benjamin Enterprises, 2008 WL 1766944 (S.D.N.Y. April
17, 2008).
In February 2009, our firm prevailed in a state court sexual harassment lawsuit against
a small business. This was a classic “he-said she-said” case, with the plaintiff alleging
that her boss groped her and routinely subjected her to offensive sexual propositions.
Her work environment was so bad that she quit the job after only a few weeks. The
jury ruled in our client’s favor, awarding her damages for pain and suffering. What
made this case unique was that the employer filed for bankruptcy in the middle of trial,
which automatically stayed any proceedings. We had to act fast or we would lose the
jury and have to start over once the bankruptcy proceedings ended, a process which
can take years. We immediately filed an emergency petition with the federal
bankruptcy court and persuaded the bankruptcy judge to temporarily lift the stay so
that we could finish the trial. Cheathem v. Great American Brochure and Catalogue
Co., Index No. 0513/05.
In December 2008, our firm prevailed in a federal sexual harassment lawsuit against a
business located in Middletown, New York. This was another “he-said she-said” case,
where our client claimed that her supervisor subjected her to sexual groping and
propositions. Our client resisted these advances and complained about the harassment
to the human resources office. The jury believed our client’s account, awarding her
damages for pain and suffering. This case was unique in that we relied on a relatively
obscure theory of employer liability. In most cases, if the employee complains about
supervisory sexual harassment and management promptly takes care of the problem,
the employee is without any legal remedy. Relying on cases from around the country,
we argued that since the harasser was a “proxy” or “alter ego” for the company, the
company was automatically liable for the harassment because the supervisor’s actions
were equivalent to the company’s actions. This theory only applies when the
supervisor is a high-level manager, i.e., vice president or partner. Although the
defendant argued at trial that it promptly investigated the internal harassment
complaint, the jury ruled in favor of the plaintiff because the harasser was a proxy for
the company. Townsend v. Benjamin Enterprises, 2008 WL 1766944 (S.D.N.Y. April
17, 2008).