From the New York Times comes a bit of a bombshell: one of Mayor de Blasio’s top aides was accused of sexual harassment last year and quietly resigned. Neither the Mayor nor his team spoke publicly about the accusations at the time, which allowed the aide to find a new job without the cloud of a sexual harassment allegation hanging over his head.
But the story contained even more disturbing allegations. In at least three other situations, the city had released employees for sexual harassment but had kept quiet about the allegations so that the employees could find new jobs. When the new employer called for a reference check, the city said nothing about the allegations.
According to the report, the men who were dismissed had agreed to resign. In exchange, they requested that the city only provide what is called a neutral reference, basically confirming dates of employment and pay, but nothing else. Attorneys quoted in the article stated that these types of agreements are common as an incentive to get harassers to quit their job so that the employer can avoid a protracted lawsuit.
Seasonal Worker Offered Quid Pro Quo
The Times story went into more detail about one of the workers who had resigned because of sexual harassment. Jeffrey Blount was a parks supervisor who had threatened to fire a seasonal park cleaner unless she had sex with him. The woman participated in a welfare-to-work program and was afraid to lose her job. When she requested a transfer, Blount followed her and continued to pressure her for sex. Ultimately, she obtained recorded evidence of the harassment and Blount resigned.
This type of quid pro quo is the very definition of sexual harassment: a supervisor offers something of value or threatens to take negative action unless you sleep with him or her. Sexual harassment law exists precisely to prohibit this type of coercion.
Unfortunately, this was not Mr. Blount’s first harassment allegation. He had been accused earlier of grabbing a park worker by the buttocks—an allegation he denied and which his employer could not substantiate.
Sexually-Charged Atmospheres Can be Hostile
A quid pro quo, though the most obvious form of harassment, is not the only type. New York and federal law both protect workers from sexually-charged work environments that are hostile and make it very hard for employees to do their jobs.
Harassing conduct can take many forms, such as jokes, epithets, slurs, or sexual gestures or images. The amount of harassing conduct necessary to make the workplace hostile will depend on the circumstances, such as the conduct’s severity or pervasiveness. Generally, one or two sexual jokes will not make a workplace hostile, since the law is not designed to protect the fragile. But being groped or assaulted could, by itself, make your workplace oppressive.
Contact a New York Harassment Lawyer Today
Sexual harassment allegations continue to make the news, and more and more victims feel empowered to speak out. If you have been harassed, you can file a discrimination charge with the state or federal authorities. You can also bring a lawsuit.
For more information, reach out to us today. Schedule your consultation by calling 609-799-1266.
FAQs About Did New York City Hide Allegations of Sexual Harassment?
Can my employer force me to sign a confidential settlement to hide sexual harassment in NYC?
No, your employer cannot legally force you into silence. Under New York law (General Obligations Law Section 5-336), a company cannot include a non-disclosure agreement (NDA) or confidentiality clause in a settlement involving sexual harassment, discrimination, or retaliation unless it is your explicit preference to keep it quiet. If you prefer confidentiality, it must be put in writing, and you are given up to 21 days to think about it, plus 7 days to completely change your mind and revoke your signature after signing.
What happens if I sign a confidentiality agreement but then speak out anyway?
Historically, employers would put massive penalties in contracts—like demanding you pay back all the settlement money (forfeiture of consideration) or forcing you to pay a massive flat fine (liquidated damages) if you broke the NDA. New York law completely bans these scare tactics. If a settlement agreement includes provisions requiring you to forfeit your payout or pay liquidated damages for speaking out about discrimination or harassment, the entire release of claims becomes legally void and unenforceable against you.
Can a standard workplace NDA stop me from reporting harassment to the police or a government agency?
Absolutely not. Even if you signed a regular confidentiality agreement when you were hired or when you left the company, it cannot legally block you from speaking with the proper authorities. Any workplace agreement in New York is completely void if it tries to restrict you from reporting a crime to law enforcement, filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights, cooperating with a government investigation, or sharing facts necessary to claim unemployment benefits.