It is important to take any employment lawsuit seriously. These sorts of lawsuits disrupt business and can be expensive and time consuming. And many of these lawsuits are entirely avoidable.
A New York resident residing in Schenectady County recently brought a lawsuit against her employer regarding discrimination and sexual harassment allegations. While working for a number of years as a shift leader, the plaintiff claims to have been victim of harassment at the hands of an assistant general manager.
The making of an employment discrimination claim
The lawsuit raises concerns not just about harassing behavior, but about an employer who purportedly did nothing to prevent the behavior from occurring. According to the complaint:
- The assistant general manager had a history of behaving in a discriminatory fashion towards female employees
- A general manager who was the supervisor of the assistant general manager was aware of similar issues this individual earlier had with another female employee
- The plaintiff in this lawsuit reported behavior of the assistant general manager to his supervisor, but the supervisor ignored her complaints
- Following the reporting of these allegations, the plaintiff lost her position as shift leader, and received discipline for supposedly arguing with another employee
- Plaintiff did not receive wages when working overtime
- There was a reduction in plaintiff’s hours
- Managers responded to her complaint, but never met with her
In her complaint, plaintiff is seeking back pay, interest and fees. She is seeking compensatory damages under state law because New York has no cap for compensatory damages in a sexual discrimination claim. She is seeking punitive damages under federal law due to New York law having no provision for recovery of punitive damages in such cases.
Acting proactively to prevent issues from arising
It’s always best to act in advance to prevent discrimination lawsuits from even taking place. Having clearly-written policies in place can prevent lawsuits from even occurring. Experienced employment law attorneys can help in this regard.
In the event there is a filing of a lawsuit, your place of employment may end up on the wrong side of a large verdict without an immediate response. These lawsuits are legally complex. And such verdicts can result in putting your company out of business.