New York – January 26, 2021

A United States  bankruptcy judge has approved a Weinstein Company liquidation plan that allocates over $17 million for sexual harassment and assault victims.  CNN received information from an attorney stating that “It is true that Judge (Mary) Walrath approved the settlement plan at a hearing today.”  The company’s $35.2 million liquidation plan allocates $17,064,525.30 for the establishment of a “Sexual Misconduct Claims Fund” and a liquidation trust for the payment of sexual misconduct claims, according to court documents. When questions arise regarding claims of sexual harassment, coupled with workplace harassment, an experienced attorney can be helpful.

Sexual harassment. 

 It has been forty-five years since the “sexual harassment” label was introduced to the public, acknowledging the extent of the damage sexual harassment has caused in the workplace and beyond.  Victims have been further empowered, as seen in the  “Me Too” movement against sexual harassment and sexual assault that was brought to the forefront in October 2017, even though that movement began in 2006.  More recent protections against sexual harassment are supported by the 2020 Supreme Court of the United States ruling in favor of gay, lesbian, and transgender employee rights from discrimination based on sex under the Civil Rights Act of 1964.

Law.

The law addresses sexual harassment in the form of unwelcome sexual advances, requests for sexual favors and other verbal, or physical conduct of a sexual nature through:

  • Quid Pro Quo. Authoritative figures/bosses in the workplace demand, or require sexual acts for preferential treatment, or to avoid punitive action.
  • Hostile Work Environment. A boss or employer does not remedy a work environment where sexually inappropriate behavior is present creating intimidating, hostile and abusive work environments.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies, labor organizations, and the federal government.  If there is some reason that a victim is not protected under Title VII language, a civil rights, personal injury, or employment law attorney may be able to offer another means toward compensation when sexual harassment causes harm and damage to an employee.

Workplace harassment claims.

Sexual harassment claims cannot be made if the sexual behavior was welcomed, or occurred with mutual consent. Sexual harassment is illegal when it is so frequent, or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision, such as a victim being fired, transferred, or demoted.  The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Legal recourse.

Victims of sexual harassment have legal options against sexual harassment, and seeking legal counsel is the first thing a victim  should do after reporting the abuse through the proper channels at a place of employment, or at school, or wherever the incident took place; if there are procedural guidelines set up that must be followed.

Avenues for reporting.

  • Direct reporting.
  • Requesting mediation as an informal solution.
  • Employer grievance procedures.
  • Equal Employment Opportunity Commission complaint against the alleged sexual harassment in the workplace.

Speak with an attorney regarding compensation.

  • Monetary damages including back pay, attorney and court fees, emotional pain and negative effects of the harassment.
  • Equitable relief by job reinstatement, or promotion.
  • Punitive damages if actions were extremely offensive, and egregious sexual harassment misconduct.

If you, or someone you know is a victim of sexual harassment, or related sexual assault, seek out a professional attorney for guidance toward legal actions that will remedy the situation.

 

Sources.

https://www.cnn.com/2021/01/26/us/harvey-weinstein-victims-settlement-approved/index.html

https://www.justice.gov/crt/fcs/TitleVI-Overview

https://www.ada.gov/

https://metoomvmt.org/about/#history

https://www.justice.gov/crt/fcs/TitleVI-Overview

https://www.ada.gov/

https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967