Holiday parties are often times to join colleagues and “be of good cheer” while celebrating the season. Unfortunately, holiday parties can also be a time when otherwise properly behaved professionals unleash another side of themselves, especially when fueled by copious amounts of alcohol. Just because the sexual harassment you experienced occurred at an off-site, after-hours event or at the hands of an inebriated harasser, do not be mistaken into believing that you cannot hold your employer accountable for the serious harm you have experienced. Instead, reach out to an experienced New York sexual harassment lawyer to discuss the harm you encountered at your holiday party.
Many times, instances of holiday party sexual harassment have certain things in common. One of those is alcohol, which may tend to lower individuals’ inhibitions and lead otherwise serious professionals to engage in unprofessional behavior.
This was allegedly the case for a personal injury paralegal from North Jersey.
E.D. was a female paralegal who began working at a Clifton, N.J.-based personal injury law firm in June 2024. According to a lawsuit she filed earlier this year, her first holiday party at the firm was traumatic rather than cheerful.
Allegedly, one of the firm’s senior partners became visibly intoxicated during the party. The lawsuit contended that, during the party, which included alcohol and a dance floor, the partner grinded his body against female employees while they danced. Allegedly, the partner asked the paralegal if she was “in or out” and, when E.D. did not respond, the partner speculated about her sexual orientation, calling her a lesbian and a bisexual. According to the lawsuit, the harassment escalated, with the partner fondling her breasts with his elbows. Allegedly, the harassment stopped when the firm’s other senior partner pulled the drunken harasser away from the paralegal.
After the paralegal reported the harassment to one of her supervisors, the supervisor replied by saying, “I don’t want to know anything,” according to the lawsuit. After she reported the misconduct to her other supervisor -- the firm’s office manager, the office manager allegedly sent a firm-wide email that essentially said, among other things, that “whatever happens at the holiday party, stays at the holiday party” and that “the event was fun, as always.”
The paralegal’s assertions, if proven true, present many legal issues related to sexual harassment. For one thing, the alleged harasser was a supervisory-level employee. This scenario is not uncommon. In the majority of cases we pursue on behalf of clients, the harasser was a supervisor or manager. The fact that the alleged harasser was a boss matters a great deal if you are seeking recovery from your employer. If your harasser was a colleague or peer and you sue your employer, you must prove that your employer knew or reasonably should have known about the harassment but did not take appropriate steps to address it before you can hold your employer accountable.
By contrast, if your harasser was a boss or supervisor, your employer can be automatically liable, meaning that the elements you have to prove to achieve success are fewer when the harasser is a supervisor/boss versus a coworker/peer. That is true under the law of both New Jersey and New York (and federal law).
Additionally, employers have specific legal obligations when an employee reports sexual harassment. The law requires the employer to conduct a swift, complete, and impartial investigation into the harassment to determine whether misconduct occurred and, if the investigation concludes that harassment did happen, to take appropriate corrective action to prevent the misconduct from recurring.
If you have experienced workplace sexual harassment -- whether it happened at a company holiday party or during regular work hours -- you are entitled to seek a judgment that holds the wrongdoers accountable. The knowledgeable New York City sexual harassment attorneys at Phillips & Associates PLLC are here to help you manage the process of seeking justice. Our team has handled innumerable sexual harassment matters, so we have the experience to provide you with the effective representation you deserve. To learn more, contact us online or at (866) 229-9441 to schedule a free and confidential consultation today.