Partner Gregory Kirschenbaum and our firm have filed a lawsuit on behalf of a former Brooklyn College student who alleges she was sexually harassed by a physician assistant at the school's health clinic. The case, filed in Brooklyn Supreme Court, has been covered by the New York Post.
According to the lawsuit, the student was treated at the clinic on several occasions between 2022 and 2024 and alleges that the physician assistant touched her inappropriately during those visits. The complaint alleges he guided her by her lower back, made unwanted physical contact during examinations, and behaved in a way that left her feeling uncomfortable and violated each time she was treated.
The suit further alleges that when the student asked to be seen by a female provider instead, the clinic's then-director pulled her aside to ask why. Rather than treating the request as a concern worth examining, the director allegedly acknowledged that others had said similar things about the same provider, yet dismissed it on the basis that he was an older man who posed no risk to young women. The lawsuit alleges the provider still works at the clinic, while the former director has since retired.
An Institution's Duty to Respond to Harassment Complaints
This case turns on more than one individual's alleged conduct. It centers on how the institution responded once a student raised a concern. Schools, employers, and their health facilities have a responsibility to take reports of sexual harassment seriously and to look into them, not to explain them away.
That duty is often at issue when someone reports harassment and the institution's response falls short. Warning signs that a complaint was mishandled can include:
- Being discouraged from putting a concern in writing or taking it further
- Being told the behavior is harmless or simply the person's personality
- Learning that others had raised similar concerns that were never addressed
- Facing a change in treatment, schedule, or standing after speaking up
When an institution is on notice that a provider or employee has made people uncomfortable and chooses to look past it, the harm can continue to others. Holding the institution accountable is often what forces a real response.
You can read the full New York Post article about our case here.
If you have questions about a sexual harassment or discrimination employment matter, our firm can help. Call (866) 229-9441 or contact us online for a free consultation.