By Matthew Marks on August 29th, 2015 in In The News
The infamous dentist from Minnesota, Walter Palmer, whose fame came as a result of a social media firestorm in reaction to his shooting killing of the beloved Zimbabwe lion Cecil, allegedly has a history of sexually harassing behavior, according to a recent RawStory report. In 2009, Mr. Palmer settled a sexual harassment suit filed against him by his receptionist/patient for $127,500.00. According to public records, Dr. Palmer allegedly harassed the woman between the years of 1999 and 2005 with sexual comments and physical sexual conduct. Beyond paying the settlement amount, Dr. Palmer had to undergo several hours of anti-harassment training and provide a positive letter of recommendation for the woman’s possible future employers.
Know Your Rights
Sexual harassment is defined as unwanted sexual advances, requests for sexual favors, and verbal or physical sexual conduct that occurs and (1) an employment decision is based on whether the individual submits to, or rejects, the discriminatory behavior; or (2) the discriminatory conduct unreasonably interferes with the victim’s work performance by creating an abusive, intimidating or hostile work environment. The victim of sexual harassment can be male or female, as can be the harasser. The individuals involved can be of the opposite or same gender. The harasser can be a supervisor, co-worker, other company employee or a non-employee who has a business relationship with the organization.
Federal and New York state law protect individuals from employment discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). Title VII prohibits retaliation for protected activity by the victim, which includes filing a charge of discrimination, complaining to the employer about discrimination, participating in an Equal Employment Opportunity Commission (EEOC) investigation, and otherwise opposing discriminatory behavior. In other words, an employer cannot retaliate against a victim of sexual harassment – or someone opposing that harassment – for exercising his or her rights under the law.
An employer, generally, is responsible for harassment conducted by a supervisor that resulted in an employment action – such as discipline, termination, hiring or promotion. If an employment action did not occur, the employer must prove that it (1) exercised reasonable care to prevent and correct the harassment; and (2) the employee unreasonably failed to avoid harm or complain to management. If the harassment occurred by another employee or a third party, an employer will likely be liable if it had control over the person or knew – or should have known – about the conduct, unless it can be proven that the employer took prompt and reasonable action to correct the situation.
Workplace Harassment Lawyer NYC
The most skillful workplace harassment lawyer NYC has to offer is one that is industry-experienced ans knowledgeable on New York Sate law. If you or someone you know has been experiencing workplace harassment in their place of employment, contact the skilled legal professionals at Ricotta & Marks, P.C. right away to tell your story and learn about your rights under state and federal law. Don’t go through this experience alone. Serving clients throughout the state of New York, these are the most knowledgeable workplace harassment lawyers NYC has to offer. Contact the NYC office at (347) 464-8694 today for a free case evaluation.