When you experience discrimination or harassment at work, you may have various options for whom you sue. Some victims may desire to pursue a case against their employer, and others may take on an individual person (or people). Still, other scenarios may dictate a need to go after both a corporate entity and individual defendants. A knowledgeable New York sexual harassment lawyer can help you make wise choices in pursuing your case, including identifying who you should (or should not) name as defendants.
A recent lawsuit involving a New York City court officer helps highlight what you need to hold an individual liable in a sexual harassment case under the New York State Human Rights Law or the New York City Human Rights Law.
The employee, E.B., was a woman who worked as a court officer for the Bronx Criminal Court. One sergeant, G.F., was both her supervisor and her union delegate. In July 2021, things took a turn when the sergeant grabbed the officer by the waist and kissed her on the neck. A few days later, the officer found an envelope in her home mailbox that appeared to be hand-delivered. The envelope contained a spa gift certificate and a note from the sergeant saying, “Enjoy your spa day, princess.”
By August, the sergeant had begun showing up unassigned to E.B.’s courtroom while she worked and asked the officer to go out for drinks. The officer asked the sergeant to stay away from her, but the man continued to call her, text her, and show up in her courtroom, according to the officer’s lawsuit. In late September, with the unwanted attention allegedly continuing, the officer filed a formal complaint.
In August 2023, the woman sued. She pursued claims against both the court system and the sergeant. Contrary to the man’s arguments, the court determined that the sergeant could be individually liable for his own conduct. As the court noted, both the NYSHRL and the NYCHRL allow a worker who has endured a hostile work environment to hold a person individually liable for that harassment, “depending on their supervisory role.”
What Proof is -- and Isn’t -- Required for Individual Liability
The state law says that a supervisor may qualify as an employer -- and be individually liable for discrimination or harassment -- “if that supervisor actually participates in the conduct.” A person also may be individually liable under the NYSHRL if they “aid, abet, incite, compel, or coerce” the illegal conduct. The federal courts in New York have held that this prohibitive language allows victims to hold coworkers individually liable if the coworker “actively” participated in the conduct that led to the lawsuit, even if the coworker in question lacked the power to make hiring or firing decisions.
City law similarly favors workers seeking individual accountability from supervisors or coworkers. The NYCHRL prohibits discrimination by “an employer or an employee or agent thereof.” City law allows harmed workers to pursue individual liability cases when the defendant has “some supervisory role over the victim of their discrimination.”
The sergeant plainly met these standards. Both he and E.B. acknowledged that he had “supervisory responsibilities” over court officers like her and that junior officers (including E.B.) were “required” to follow his orders.
That was enough, according to the judge. Even if the sergeant lacked “formal managerial or titular authority” over E.B., the law did not require that. The law only demanded that the woman show that the sergeant was among those who possessed “any ability to dictate or administer the compensation, terms, conditions, or privileges” of the officer’s employment. The sergeant had that power, so he was potentially liable.
Achieving success in a sexual harassment lawsuit involves making a series of decisions -- and choosing wisely on each occasion. To that, you need wise counsel. The skilled New York City sexual harassment attorneys at Phillips & Associates PLLC can help. We not only possess extensive knowledge of sexual harassment law and have in-depth experience litigating these cases, but we also have the care and sensitivity to handle highly personal cases in the most thoughtful manner. To learn more about how we can help you, contact us online or at (866) 229-9441 to set up a free and confidential consultation today.