November 14, 2019

Research Shows One in Ten NY State Workers Subjected to Quid Pro Quo Sexual Harassment on the Job

Researchers at Cornell's ILR School have just released a new report that provides significant, in-depth details regarding who experiences workplace harassment in New York State. The report follows closely on the heels of the state's recent legislative reforms to its anti-harassment laws, which were signed into law by Governor Cuomo in August. As we highlighted in June, several of the bill's key components include new mechanisms for reporting workplace harassment, extending the statute of limitations for reporting workplace harassment, and ensuring employers provide sufficient anti-harassment training.

The researchers, Sanjay Pinto, K.C. Wagner, and Zoë West, utilized data from the Cornell Survey Research Institute's 2018 Empire State Poll that surveyed 800 workers from across the state. According to the findings of the report, at some point in their careers, one in ten New Yorkers, or 1.7 million people, experienced quid pro quo workplace sexual harassment, which is defined as “someone in a position of authority at [their] workplace trying to trade job benefits for sexual favors.” Of those, more than one in five reported it led to a hostile work environment. The survey also revealed fine-grained data about who is targeted for such quid pro quos, shed new light on the extent of the problem in the state, and highlighted crucial efforts by survivors and activists to address these structural issues through legislative, legal, and cultural methods.

Other major findings in the report include

  • 31.1 percent of women and 18.9 percent of men have experienced either quid pro quo or harassment that led to hostile working conditions.
  • New York State workers of color, including those of Hispanic origins, are much more likely to experience quid pro quo sexual harassment at their workplace (13.9%), as opposed non-Hispanic whites (8.5%).
  • Nearly 40% of respondents who experienced some form of workplace harassment said it affected their careers or work.
  • An overwhelming majority of respondents (83.4%) believe state officials and politicians must do more to combat sexual harassment in the workplace.

What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

The Week in FFCRA Complaints

June 26, 2020
Paid Family Leave
Disability Discrimination
This is the second installment in our roundup of FFCRA complaints. As we noted in the first post, we will be keeping you up to date with all the cases and highlighting the ones that we think have special bearing on our practice, employment law in New York State, or are just particularly noteworthy.

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