Sexual Assault Ruling Increases Exposure For NYC Employers
In an article for Law360, Sara Begley, Jeremy Sternberg and Dana Feinstein discuss a recent ruling by the First Appellate Division of the New York Supreme Court which expands the reach of New York City’s Victims of Gender-Motivated Violence Protection Act (VGMVPA). VGMVPA has not been applied to claims of workplace sexual harassment prior to this ruling in Breest v. Haggis, so this will give individuals who bring claims of sexual harassment and assault access to financial recoveries and the benefit of a seven-year statute of limitations. This application of VGMVPA poses a significant risk to employers.
"In light of the court’s precedential decision in Breest, employers in or near New York City cannot afford to stand back and take a wait-and-see approach to potential claims of sexual harassment or assault. Rather, employers and organizations should take this opportunity to examine their culture, both present and past."