Since the beginning of the #MeToo movement in October 2017, over 100 women have brought sexual abuse and sexual harassment allegations against Weinstein. Still, not all of them have pursued legal action. Harvey Weinstein has filed for bankruptcy, and as part of his bankruptcy court settlement, dozens of sexual abuse victims will share a $17 million award for compensation.
Harvey Weinstein was convicted of multiple sexual assaults and sexual harassment charges in a New York Criminal Court. he was sentenced to 23 years in prison after being convicted of rape and another felony sex crime in New York. He is currently in prison, and his company is in bankruptcy proceedings.
The Bankruptcy Court Will Create a Victims’ Fund
In the settlement mentioned above, the bankruptcy court will create a victim’s fund and transfer $17 million in it. The majority of his victims have expressed their desire to accept this plan as a way to bring closure to their victimization without enduring years of additional litigation. The settlement agreement will provide different payment amounts to women based on whether they are willing to release Weinstein from future lawsuits.
The sexual assault and harassment victims who are willing to release Weinstein from future civil lawsuits will receive a full settlement share. Those who are considering bringing another legal claim against him in the future will receive 25% of their settlement share. The rest of the settlement amount will go to the insurance company. The settlement releases Weinstein’s brother Bob Weinstein and his company, The Weinstein Company, from liability. Some of the victims have stated that his brother was negligent or that his brother knew of the sexual harassment and failed to stop it.
A federal judge rejected a previous class-action settlement in New York last summer. The current settlement is part of a more extensive bankruptcy proceeding. The $35.2 million bankruptcy settlement will be covered by insurance. The majority of the settlement will be paid to sexual abuse and harassment victims. Weinstein’s attorney stated that he is currently representing his client in approximately 10 other civil sexual harassment and abuse lawsuits. Actors Ashley Judd and Rose McGowan have brought separate civil lawsuits against Weinstein. Ashley Judd is suing Weinstein for retaliation, unfair business practices, defamation, and sexual harassment.
How Long Does a Person Have to Sue for Sexual Harassment in New York?
The Harvey Weinstein case has brought attention to the widespread problem of sexual harassment in the workplace. Hundreds of women have accused prominent figures of sexual harassment and abuse since the #MeToo movement began. These cases show that businesses and high-powered executives allowed sexual harassment and abuse to continue, choosing to ignore the problem.
If you are one of the many women in New York who have experienced sexual harassment in the workplace, you are not alone. After seeing victims of high-profile abusers like Harvey Weinstein and Bill Cosby obtain compensation, you may be considering whether you should bring a claim against your abuser. The first step in bringing a lawsuit for sexual harassment is to speak with an experienced New York sexual harassment lawyer.
Your lawyer will be able to advise you of whether you still have time to file a lawsuit against your abuser. New York imposes a statute of limitations on sexual harassment lawsuits. If you plan to file a claim with the New York Division of Human Rights, you have one year from the sexual harassment episode to file your claim. However, it is better to pursue a sexual harassment lawsuit in the New York state supreme court in some cases. You have three years from the date of the harassment to file a lawsuit under New York state law.
Suppose you plan to pursue a sexual harassment claim under federal law. In that case, you will need to file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days from the date of the sexual harassment. When a state or local agency enforces a law that prohibits the same type of discrimination, as with New York, you have 300 calendar days to file your complaint. There are benefits and disadvantages that come with filing in state court, and your attorney can help you decide the best legal option for you and your case.
Bringing a Lawsuit Against for Sexual Harassment in New York
If you plan on bringing a sexual harassment lawsuit, you will need to prove that your employer or abuser has engaged in illegal sexual harassment. A New York City in New York State, sex-based discrimination and harassment in the workplace is unlawful. When determining whether sexual harassment occurred, judges will consider the totality of the circumstances. They will also consider whether the conduct implicitly or explicitly affects the victim’s employment, unreasonably interferes with his or her work performance, or creates an intimidating, offensive, or work environment.
There are two main types of illegal sexual harassment in the workplace. The first type is quid pro quo sexual harassment. And this type of sexual harassment, someone in a position of power tries to coerce employees into sexual favors by threatening them with a consequence or offering them some kind of benefit if they do provide sexual favors. The second type of sexual harassment involves creating a hostile work environment that negatively affects an employee’s work performance. Examples of sexual harassment in the workplace include the following:
- Inappropriate touching
- Unwelcome sexual advances
- Verbal or physical conduct of a sexual nature
- Being exposed to sexual or crude remarks
- Display more sending pornography
- Sending text messages or emails of a sexual nature to a coworker
- Requesting sexual favors
- commenting on a co-worker’s physical appearance
Contact a New York Sexual Harassment Lawyer
If you have been the victim of sexual harassment in New York, you need an experienced lawyer on your Side. Contact Pulvers Thompson today to schedule your free initial consultation to learn how we can fight for your rights.