Sexual harassment in the workplace is against the law. So is racial harassment and disability harassment. Unlawful harassment includes sexual and racial jokes and pictures in the workplace, demands for sexual favors and offensive comments. If you are subjected to harassment because of your gender, race or disability, your employer is obligated to timely investigate your complaint and make the harassment stop. If your employer does not do this, it is liable for the harassment.
At Bergstein & Ullrich, LLP, we have represented many victims of sexual and racial harassment, prevailing at trial and securing settlements. Don't be afraid to stand up for your rights as an employee. Call Bergstein & Ullrich, LLP today to see how we can help. In March 2010, our firm prevailed at trial on behalf of a high school student who was subjected to extensive racial bullying from classmates. After successfully repelling the school district's motion for summary judgment, we were able to prove in federal court that the school district was deliberately indifferent to the racial harassment. The jury awarded our client $1.25 million in damages. Zeno v. Pine Plains Central School District (2010).
In a landmark decision that attracted national attention, on December 3, 2012, the U.S. Court of Appeals upheld the verdict in favor of Zeno and ruled that the trial court properly assessed his damages in the amount of $1 million, to our knowledge the highest amount of damages ever upheld by an appellate court in a student-on-student harassment case. The appellate ruling clarifies the legal standards governing student harassment cases brought under Title VI and Title IX of the Civil Rights Act of 1964, holding that, even if they punish individual offenders, school districts may be liable for deliberate indifference to the student's rights if the school unreasonably fails to remedy the school's hostile environment by, for example, implementing comprehensive diversity programs. 702 F.3d 655 (2d Cir. 2012).