If you are sexually harassed at work, your employer may be liable

Lesley Brovner & Mark Peters
January 20, 2023

Sexual harassment in the workplace is a form of employment discrimination that violates federal, State and local law in New York. Employers are required to take steps to prevent sexual harassment and, if sexual harassment is reported, to take immediate action to address the situation. Moreover, an employee who reports sexual harassment is legally protected against retaliation from her, his or their employer.
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If you are sexually harassed at work, your employer may be liablesecureadmin2024-02-16T17:27:19+00:00

What to do after Sexual Assault or Misconduct on a College Campus

Mark Peters & Lesley Brovner
December 21, 2022

According to the Rape Abuse and Incest National Network (RAINN) the leading advocacy group in this area, 26-percent of female college students and almost 7-percent of male college students will suffer some form of sexual assault during their undergraduate years. Many of these students, however, will never report the assault to the authorities.

The decision to report the assault, either to law enforcement or college officials, is a serious and highly personal one. What follows is some information concerning what constitutes an assault and what college officials are required to do if the assault is reported to them.
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What to do after Sexual Assault or Misconduct on a College Campussecureadmin2024-02-16T17:25:44+00:00

Need to know: Charities

Registration, Annual Filing, and Rules for NYC Charities & their Board Members

Mark Peters & Lesley Brovner
October 31, 2022

There are more than 100,000 charities operating in New York State and they range in size and mission quite dramatically. They are mostly, in one way or another, governed by New York State’s lengthy and detailed Not for Profit Corporation Law. They are also regulated by the New York State Attorney General and must register with and make annual filings to the AG.

It is important for charities, their senior staffs, and their boards of directors to be familiar with these rules and registration requirements. Even charities that are otherwise well run and faithful to their charitable mission can get caught up by a failure to register or otherwise follow these rules with drastic negative consequences.

Some of the most important of these rules are below.

Need to know: Charitiessecureadmin2024-03-03T23:53:00+00:00

What’s the Difference Between Sexual Harassment vs Sexual Assault?

What’s the Difference Between Sexual Harassment and Sexual Assault?

Lesley Brovner & Mark Peters
August 23, 2022

Sexual Harassment and Sexual Assault are two broad categories of Sexual Misconduct that are illegal under City, State and federal Law.

Defining Sexual Assault

In New York State, criminal sexual assault is covered by Sections 130 of the Penal Code, which includes a variety of crimes covering various sexual acts, such as:

What’s the Difference Between Sexual Harassment vs Sexual Assault?secureadmin2024-03-04T01:38:51+00:00

Internal Investigations: When do You Need One and What Should You do to Prepare?

Lesley Brovner & Mark Peters
June 23, 2022

In the current business environment, the way in which companies investigate potential misconduct can affect that company’s reputation almost as much as the alleged conduct itself. Moreover, without understanding the full scope of the misconduct it is impossible to reckon with the issues that occurred, create a compliance program and prevent future problems.

Below are a number of issues that you should consider before undertaking an internal investigation.

Internal Investigations: When do You Need One and What Should You do to Prepare?secureadmin2024-02-16T17:30:11+00:00

Employee Handbook – need to know

Lesley Brovner & Mark Peters
May 12, 2022

As the workplace becomes more complicated and there is an increase in workplace related litigation, having an up to date and thorough employee handbook becomes increasingly important. A well drafted employee handbook can introduce employees to the corporate culture, mission and values; set expectations; increase compliance with federal and state laws; and help defend against employee claims.

Employee Handbook – need to knowsecureadmin2024-03-04T01:39:35+00:00

New York State Senate Passed Adult Survivor Act – Status Update

Lesley Brovner & Mark Peters
April 27, 2022

Latest New York State Senate Action on Adult Survivor Act

On April 26, 2022, the New York State Senate took a crucial step towards vindicating the rights of survivors of sexual assault by passing the Adult Survivors Act (S66A).

New York State Senate Passed Adult Survivor Act – Status Updatesecureadmin2023-10-13T13:25:37+00:00

Duty To Report Employee Misconduct

Lesley Brovner & Mark Peters
April 21, 2022

Under what circumstances must an employer report the misconduct of an employee?

There are a number of circumstances in which an employer must or should report the conduct of an employee. For example:

Duty To Report Employee Misconductsecureadmin2024-02-16T17:32:36+00:00

New York State’s Adult Survivors Act

Lesley Brovner & Mark Peters
March 29, 2022

What is the Adult Survivors Act?

The Adult Survivors Act (ASA), if enacted, would be a landmark law that would create a lookback period allowing the adult victims of sexual assault and abuse, whose claims are now time barred, to pursue those claims in court.

New York State’s Adult Survivors Actsecureadmin2023-10-13T13:27:59+00:00

New York State’s Sexual Abuse Lookback Statutes

Lesley Brovner & Mark Peters
March 1, 2022

1. What is the New York Child Victims Act (CVA)?

In February 2019, New York State passed a “lookback window,” the Child Victims Act (CVA), extending the statute of limitations for survivors of child sexual abuse in criminal and civil cases in New York.

New York State’s Sexual Abuse Lookback Statutessecureadmin2023-10-13T13:28:27+00:00