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new york employment attorney blog — published by new york employment lawyers — phillips & associates free consultation: (212) 248-7431 tap to call click to text new york employment attorney blog published by phillips & associates, attorneys at law, pllc navigation home website our firm our people areas of practice results media latest news law firm news videos contact us over $85 million recovered call today for a free consultation workplace discrimination is illegal new york employment attorney blog october 25, 2018 sexual harassment affects male models in new york city’s fashion industry by phillips & associates the fashion industry in new york city and elsewhere around the country and the world has produced numerous accounts of the sexual harassment of models. alleged new york sexual harassment incidents have involved photographers during shoots, or a wide range of people backstage during fashion shows, where models are often expected to change clothes without much privacy. much of the attention has focused on female models. an article published earlier this year in the new york times details male models’ allegations of sexual harassment. men experience sexual harassment at lower overall rates than women, with the equal employment opportunity commission reporting that seventeen percent of the complaints it receives are from men. the modeling business presents an unusual situation, however, since it is one of the very few jobs where women routinely—and often significantly —earn more than men. both female and male models have alleged various types of sexual harassment, including “casting couch” situations where they are told they must acquiesce to demands for sexual activity in order to advance in their careers. federal, state, and municipal laws in new york city prohibit sexual harassment, classifying it as a form of sex discrimination. unlawful sexual harassment may take two broad forms. the “casting couch” scenario described above is an example of “ quid pro quo sexual harassment,” where sexual activity of some sort is made a condition of obtaining employment, or of accessing various features and benefits of employment. the modeling business also presents scenarios that could constitute “hostile work environment.” this type of sexual harassment involves unwanted sexual behavior in the workplace, ranging from jokes or remarks to nonconsensual contact, which is pervasive enough to interfere with the complainant’s ability to work. models often exist somewhat outside of traditional employee/employer relationships, which can affect their ability to assert a claim under the law. they are represented by agencies, who enter into agreements with fashion brands and other companies. those companies might be the ones to hire the photographer. according to the new york times , the agencies and the brands point fingers at each other with regard to who is responsible for protecting models from sexual harassment and abuse at the hands of photographers and others. the photographers, the times article states, “say they do what they do to get the best picture — which is what the clients want.” continue reading by phillips & associates posted in: hostile work environment and sexual harassment october 25, 2018 updated: october 26, 2018 12:01 am october 16, 2018 new york city public pension funds join state’s sexual harassment lawsuit by phillips & associates new york employment discrimination laws (as well as those around the country) tend to focus on the actions of individual managers, supervisors, or others; or on individual discriminatory policies or practices by employers. this approach is useful and necessary for obtaining justice for individual employees who have endured sexual harassment. it is proving, however, to be insufficient for addressing broader systemic problems that enable and contribute to sexual harassment and employment discrimination in the first place. liability for damages in a sexual harassment lawsuit might not provide incentive for widespread reforms in companies with vast resources. earlier this year, the state of new york tried a different approach. instead of acting in its capacity as an enforcer of employment discrimination laws, it acted in its capacity as a corporate shareholder, alleging that a former ceo accused of sexual misconduct breached his fiduciary duties . new york city’s public pension funds later joined the lawsuit alongside the state funds. dinapoli et al v. wynn et al , no. a-18-770013-b, verif. am. complaint (nev. dist. ct., clark cty., mar. 23, 2018). under employment statutes like title vii of the civil rights act of 1964 and the new york city human rights law (nychrl), unlawful discrimination on the basis of sex includes sexual harassment in two broad categories. quid pro quo sexual harassment consists of demands for sexual activity in some form as a condition of obtaining or maintaining employment. hostile work environment involves unwelcome sexual conduct, ranging from sexual jokes or remarks to outright sexual contact or assault, that is so pervasive that it interferes with an employee’s ability to do their job. these laws allow employees to file complaints, followed by lawsuits, seeking a variety of damages. lawsuits for employment discrimination can lead to changes within a company, such as when a public agency like the equal employment opportunity commission requires new company policies, subject to monitoring and review, as part of a settlement. unlike this type of lawsuit, which imposes change from the outside, shareholder derivative suits are brought by corporate insiders as a means of enforcing a corporation’s rights or protecting its interests. see n.y. bus. corp. l. § 626 . a lawsuit brought under title vii or the nychrl typically casts the employer on the side of the alleged harasser, seeking to hold the company liable for the actions of its agent. a shareholder derivative suit arguably allows a company to distance itself from the alleged acts of individuals. it is no substitute for a lawsuit that allows an aggrieved employee to recover damages directly, but it could be a useful method of demonstrating that corporations will not tolerate sexual harassment among their executives. continue reading by phillips & associates posted in: hostile work environment and sexual harassment october 16, 2018 updated: october 25, 2018 1:32 pm october 5, 2018 superhero sequel will be first film to apply new industry guidelines on sexual harassment by phillips & associates for the past year, the #metoo movement has sought to shine a light on workplace sexual harassment. it has shown that, despite laws like title vii of the civil rights act of 1964 , sexual harassment in new york city and across the country remains a major problem. while lawmakers and legal advocates examine the laws addressing sexual harassment, leaders in various industries are exploring ways to address the issue before the courts must get involved. the producers guild of america (pga), a trade association representing film and television producers, issued new guidelines on sexual harassment in january 2018. the guidelines do not have the force of law, but they represent best practices recommended for both pga members and others. the pga also announced that wonder woman 1984 , the sequel to the 2017 film wonder woman , would be the first production to adopt the new guidelines. if you have questions about how you’ve been treated at your job, speak to a new york sexual harassment attorney. experience unfortunately indicates that existing antidiscrimination statutes can only provide so much protection against sexual harassment. title vii prohibits sex discrimination and sexual harassment in employment, but the legal definition of “employment” can exclude a wide range of people and jobs. the entertainment industry, where #metoo began, offers an example of this problem. many of the alleged acts of sexual harassment did not involve
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