Employers are prohibited from discriminating against people based on their gender or engaging in sexual harassment, and employers that fail to abide by anti-discrimination laws and violate their employee’s rights may be deemed liable for any damages they cause. In some instances, employees must provide prompt notice of sexual harassment claims to their employers, and if they fail to do so, their claims may be dismissed. This was shown in a recent New York opinion in which the court explained the plaintiff’s discrimination claims arising out of violations of state law due to the plaintiff’s failure to provide proper notice to the defendant were untimely. If you were sexually harassed at work, you may be owed damages, and it is in your best interest to consult a New York sexual harassment attorney as soon as possible.
The Plaintiff’s Claims
Reportedly, the plaintiff worked as a police officer for the defendant town. Throughout the course of her eight-year employment, she was subjected to harassment and discrimination based on her gender and subjected to retaliation for reporting such unlawful acts. The ongoing treatment caused her to suffer physical, emotional, and psychological distress. Thus, she filed a lawsuit against the defendant, alleging claims of gender-based discrimination and retaliation in violation of state and federal anti-discrimination laws, as well as other tort claims. The defendant removed the case to federal court, and the plaintiff filed a motion to remand. After reviewing the motion, the court ultimately denied it as to the plaintiff’s state law discrimination claims.
Timely Notice of Discrimination Claims
The court noted that both parties agreed that the discrimination claims arising out of state and federal law violations should be litigated together. The plaintiff argued that the court should decline to exercise supplemental jurisdiction, though, because the issue of whether she was required to serve a notice of claim prior to asserting state law discrimination claims was a novel issue that should be determined by a state court. Continue reading