Many times, cases of sexual harassment involve numerous instances of misconduct perpetrated by the harasser. Sometimes, though, even just a single incident is so extreme that it qualifies as “severe” harassment, which sometimes can be critical to developing a viable case under federal law. Whether you are seeking justice under federal law, state law, or city law, an experienced New York sexual harassment lawyer can help guide you through the process and point you down the best path to hold those wrongdoers accountable.
A recent hostile work environment case from a Brooklyn hospital illustrates what a single instance of severe harassment can look like.
F.S. was a surgical resident who began working for the hospital in July 2015. From December 2015 to April 2017, he had a “consensual romantic relationship” with P.L., an anesthesiologist whom he met at the hospital and who worked for a third-party contractor.
After the resident ended the relationship in April 2017, the anesthesiologist allegedly began to harass the resident, “sexually and otherwise, because of ‘her displeasure at their breakup and his refusal to impregnate her.’”
The woman allegedly engaged in various forms of harassment, including one instance in July 2017 when she entered an operating room during surgery, groped the man’s genitals, and whispered a threat to him. The anesthesiologist allegedly tried to grope the resident again during surgery several months later, but was unsuccessful in doing so, according to the complaint.
The resident resigned in December 2017, although he alleged in his lawsuit that the hospital constructively discharged him.
The resident’s lawsuit asserted hostile work claims under federal law (Title VII), state law (the New York State Human Rights Law), and city law (the New York City Human Rights Law). One of the key things to know about a federal claim under Title VII, as compared to state law or city law claims, is that a Title VII claim requires proof that the plaintiff endured “severe” or “pervasive” harassment, while the NYSHRL and the NYCHRL do not.
The court in F.S.’s case pointed out that most of the allegations upon which the resident relied were just “the behavior of a ‘jilted lover seeking retribution through actions that [were] not gender-based.’” The judge also explained that “courts often find that harassment by a co-worker is not . . . based on sex when it arises from a failed relationship.”
‘One of the Most Severe Forms of Sexual Harassment’
The key to the resident’s success in his case was that he had more than the anesthesiologist’s threatening whispers and text messages. His allegation that the woman grabbed his buttocks and genitals during a surgical procedure was crucial to defeating the defense’s request for summary judgment.
According to the lawsuit, the woman only groped the man once (and tried to do so a second time), so the harassment clearly was not pervasive. However, as the judge explained, touching an intimate body area is “one of the most severe forms of sexual harassment,” and courts in the federal Second Circuit have consistently ruled that even just a single instance involving physical contact with such a body part is enough to qualify as severe harassment.
This doctor’s case is an important reminder that, when it comes to hostile work environments, sometimes even a single act of harassment is one too many. If you believe that you have endured a hostile work environment, the New York sexual harassment attorneys at Phillips & Associates, PLLC are here to help. We have a long history of helping workers, and we are eager to discuss how we can assist you. To find out more, contact us online or call (866) 229-9441 to schedule a free, confidential consultation today.