DISCLAIMER: This post provides general information about responding to a sexual harassment claim. It is not legal advice, nor is it a substitute for legal counsel. If you have been served with a sex discrimination complaint, we recommend you schedule a consultation with an employment attorney in your jurisdiction.
If you have received a sex discrimination or sexual harassment complaint from an employee, you probably already experienced a range of emotional responses:
- Anger
- Confusion
- Denial
- Fear
- Frustration
These are natural human responses to something you haven’t experienced before. Don’t panic. Just take the next action. Out-of-court options might still be available, including mediation.
This guide aims to provide clarity and direction during a challenging time.
Determine the Stage of the Process
There are different actions to take and on distinct timelines, depending on the stage of the process you are in:
- Internal Complaints: If you have received an internal complaint, you have more flexibility to respond within a reasonable amount of time, but we recommend you acknowledge the complaint within 24 hours of receipt. The longer you wait, the more likely your employee is to feel dismissed and devalued, which will decrease your opportunities to have meaningful, solutions-focused discussions.
- External Complaints: Each forum follows its own rules and deadlines. Most likely, you need to respond between 20 and 30 days of being served with the complaint. It is best to have legal counsel help you with that response so it is in the correct format and asserts all relevant defenses. You usually only get one chance at this, and mistakes can be very costly.
Retain Defense Counsel
If you are an owner or officer of the employer entity, you might have insurance coverage that provides legal counsel for sex discrimination claims. Check your insurance policy for a “Duty to Defend” clause. If you do not have insurance or your insurance carrier has denied coverage for this claim, we typically refer parties to the below trial attorneys:
- Alison Greenberg
- Joseph Harris, Barton LLP
- Kenneth Katz, Katz Melinger PLLC
- Deborah Shapiro
- William Sipser
There might also be free or low-cost services available to some parties through:
- The Legal Aid Society
- Legal Services NYC
- New York City Bar Association (City Bar)
- New York City Small Business Services (SBS)
- New York Legal Assistance Group (NYLAG)
- Volunteer Lawyers for the Arts
Consider Mediation
Before proceeding with litigation or other formal processes, assess whether mediation is a viable option. Often offering a more complete resolution, it also saves parties time, money, and energy. Some elements to consider include:
- Are both parties willing to mediate?
- Do both parties want to stay out of court?
- Do both parties have sufficient incentive to save time, money, and energy by resolving the issue through mediation?
If you or your defense counsel has decided to explore mediation, please complete the Client Application. This will allow us to conduct a conflicts check and make sure we are a good fit for your issue, before you reveal too much information to us. Once we have confirmed we can serve as a neutral third party and assist you in resolving this complaint out of court, we will direct you to schedule the consultation.
Prepare for Resolution
Even if mediation is not feasible under the unique facts and circumstances of your case, we you might wish to schedule a consultation to discuss:
- Your initial response (e.g., angry, surprised, worried)
- The validity of the allegations
- The potential costs, if the allegations are proven true (e.g., time, money, effort)
- The impact of litigation on you, your job, your family, and your life
- Ways to stay on track with your other personal goals during the proceedings
We frequently work with parties and their attorneys to expand the list of possible solutions and navigate the emotional roller coaster litigation can take you on.