the integrity of the company but also contributes to a toxic culture of silence. This is one of the primary reasons why sexual harassment is so underreported in corporate America, specifically in the tech sector. Employment lawyers play an essential role in protecting employees from retaliation and sexual harassment by ensuring that those with less power have a recourse if they report misconduct. When the harasser is a C-suite executive and sexually harassing a lower-level employee, the company may be strictly liable for the sexual harassment. In New York, the law is extremely favorable for employees who are sexually harassed or discriminated. In some cases, particularly if New York City law governs, an employer may be automatically liable for the action of their employees if the harasser is in a supervisory position over the victim. This strict liability standard for supervisors makes sexual harassment claims a lot easier to prove and to resolve because there is no notice needed to the Company to establish liability. Employees may feel more comfortable complaining internally or externally through the assistance of an employment lawyer when they understand these laws. In other circumstances the individual sexually harassing another employee may be a co-worker. In this situation, the company needs notice before they may be liable for the harassment. If the company had already been put on notice of the same co-worker sexually harassing other individuals, then the company may be liable if they failed to take appropriate remedial measures. Companies need to ensure that the sexual harassment stops once a report is made and failure to do this can result in significant damages to a complainant bringing a claim. Sexual Harassment in Law Firms Sexual harassment sadly remains pervasive in the legal field as well. Despite the professional goal of seeking justice and promoting fairness, the field has faced its share of legal backlash. Similarly to big tech companies, there are hierarchical structures in law firms that create vulnerability for junior associates and staff members. Many times, paralegals and associates are staffed under partners who have substantial control over their career paths. The risk of retaliation such as getting terminated, demoted, or passed over for a promotion, can be enough to prevent junior attorneys from reporting sexual harassment. There is also a prestige that is often associated with the legal profession, and associates may feel that they need to remain silent to preserve their reputation. The ability of a partner at a law firm derailing their professional trajectory creates silence in the legal field. Similar to large tech companies who generate significant profits, law firms are also businesses. There are revenue generating partners who act as if they are not liable under the laws and may use their power to prey on more junior attorneys. Law firms may be protecting these “rainmakers” because of how much business they are bringing into the firm. In these situations, we see law firms not taking victims complaints seriously or minimizing their reports. In some instances, the victim is gaslit into feeling as if they are the problem particularly if the sexual harassment is more subtle. Sexual harassment is any unwanted and inappropriate behavior of a sexual nature that may cause a hostile work environment. It can be a physical assault, inappropriate touching, or sexual advancement but it can also be any WWW.LAWYER-MONTHLY.COM 13
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