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Sexual Harassment and Gender Discrimination in Banking and Financial Services

The male-dominated, fiercely competitive culture of Wall Street and the financial services sector has long been rampant with egregious sex harassment and gender discrimination.  Indeed, some of the largest recoveries in discrimination and harassment cases occurred in the banking industry.  Although progress has been made, there is still a glass ceiling at too many financial services firms that denies promotional opportunities to women and minorities:

Banking and Financial Services Sex Harassment and Discrimination Attorneys

Our seasoned employment lawyers have represented employees in the financial services industry in high-stakes employment disputes, including employees at JP Morgan Chase, Goldman Sachs, Wells Fargo, Bank of America, Deutsche Bank, HSBC, and other financial institutions.  We understand the substantial damage that discrimination and retaliation can inflict on your career and how difficult it is to regain your reputation and rebuild your career.

Discrimination or retaliation can detail a career and cause a massive loss of future earnings.  We endeavor to achieve the maximum damages for our clients and are prepared to go the distance to obtain maximum relief and hold the perpetrator accountable.

 

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.  Contact us today to find out how we can help you.

To schedule a confidential consultation, call us today at 202-262-8959, or click here.

Client Reviews of Sex Harassment Lawyer Jason Zuckerman

We are proud of our commitment to exceptional client service, including our prompt response to client inquiries and zealous advocacy.  Recently Avvo awarded Jason Zuckerman its Client Choice Award based on client reviews.  The following two reviews were provided by former clients of Jason Zuckerman concerning sexual harassment matters:

“I truly can’t say enough good things about Jason and his team – they are incredibly effective, professional, and consistently wonderful to work with, even in very high-pressure circumstances. Jason and his colleagues were exceptionally patient with and responsive to my concerns, consulting with me on every step of the process and explaining different options. Beyond their impeccable legal representation and client advocacy, I also felt personally cared for and supported during what was a particularly nightmarish experience of workplace harassment. When needed, they also devoted significant extra time and effort to my case to ensure that my interests were protected. I am incredibly grateful for their representation and wholeheartedly recommend Zuckerman Law to anyone seeking justice in employment-related matters.”

“When I sought out a DC-based attorney to represent me, I expected a competent attorney who would get me through my sexual harassment lawsuit. What I didn’t expect was to find someone like Jason: a truly outstanding attorney who made me feel like a priority, paid close attention to detail, and brought enormous expertise to the table. I chose to hire Jason to represent me after consulting seven other lawyers – and from day one, Jason was the only one who it clear that he actually cared about me and my case. I cannot be happier that I chose Jason. He represented me with professionalism and fearlessness every step of the way. Jason always made me feel like a priority, even though he was busy with other cases/clients simultaneously. He never rushed me or pressured me, and kept me “in the loop” the entire time while we were dealing with the opposing side.”

See more reviews here.

 

Gender Discrimination in Financial Services and Banking

Glass ceiling HWE infographic

Guide for Victims of Sexual Harassment

Download our free Sexual Harassment Survival Guide for Employees
A sexual harassment survival guide for employees

Combatting Sexual Harassment in Banking and Financial Services: Know Your Rights

Can an employer be held liable for customer sexual harassment? Expand

Yes, courts have held that an employer may be found liable for the harassing conduct of its customers. The focus of the inquiry in a hostile work environment claim, as the name suggests, is on whether the workplace is replete with discriminatory intimidation, ridicule, and insult.  Employers may be held liable in these circumstances if they do not remedy or prevent the hostile work environment about which they knew, or should have known.

What damages or remedies are available for victims of sexual harassment? Expand

Several different types of remedies are available under Title VII of the 1964 Civil Rights Act if you prevail in your sexual harassment claim, including:

Importantly, different federal, state, and local laws may apply to your case and may allow different types and amounts of damages (Title VII, for example, has a cap on the amount of compensatory and punitive damages you can recover).

What is a hostile work environment? Expand

hostile work environment is another form of sexual harassment.  A hostile work environment is one filled with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.

Can a single incident of harassment suffice to establish liability? Expand

Yes, a single act of severe harassment can be actionable in certain, limited circumstances.  Examples include:

What is quid pro quo harassment? Expand

Quid pro quo harassment is a type of sexual harassment.  “Quid pro quo” means “this for that” or “something for something” and is a particularly repulsive form of harassment.  It occurs when a supervisor either conditions a job benefit on sexual favors, or punishes the employee for refusing to do so.

It can take many forms and one example is for a supervisor to tell a female employee that the only way she will get (or keep) the job is to have sex with the supervisor.

Quid pro quo harassment can also happen in less stark terms. For example, in the corporate setting a senior manager may dole out plum accounts or assignments, or even promotions, based on whether the female employee agrees to go out to dinner with him, on a date, etc.

What is workplace sexual harassment? Expand

It is illegal to harass an employee because of that person’s sex.  According to the Equal Employment Opportunity Commission (EEOC), this unlawful sexual harassment includes unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Mere teasing or isolated comments/incidents that are relatively minor do not rise to the level of illegal sexual harassment.

Harassment becomes unlawful when the conduct and/or statements become so frequent or severe that it creates a hostile work environment or results in an adverse employment action (for example, firing, demoting, or suspending the victim).

In a sexual harassment case, does it matter if it is a supervisor versus a co-worker who is harassing me? Expand

Yes, the employer may automatically be liable if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.

If a supervisor creates a hostile work environment for an employee (with no adverse action like being fired), then the employer can prevail only if it can prove:

If a non-supervisory employee harasses another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.

Who is a “supervisor” in sexual harassment cases? Expand

A supervisor is an employee whom the employer has empowered to take tangible employment actions against the victim; that is, to make a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.

How can employees combat harassment at work? Expand

Combating Sexual Harassment

What is the deadline for filing a sex harassment or retaliation claim? Expand

Title VII requires plaintiffs to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of retaliation.  42 U.S.C. § 2000e-5(e)(1).  The limitations period expands to 300 days where the plaintiff has filed a charge with a state or local agency that is authorized to grant or seek relief from the challenged practice.  Federal employees seeking to remedy discrimination, harassment, or retaliation must contact an EEO counselor to initiate a complaint 45 days from the day the discrimination occurred.

What type of retaliation is prohibited against an employee who reports unlawful discrimination or harassment? Expand

The anti-retaliation provision of Title VII proscribes not only tangible employment actions, such as termination of employment, but also any act that would “have dissuaded a reasonable worker from making or supporting a charge of discrimination.”  Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 52, 68 (2006).  Note that retaliatory harassment does not require a showing that the harassment was severe or pervasive.

Is an employer prohibited from retaliating against an employee because the employee reported harassment? Expand

Yes, opposing or reporting unlawful employment actions, including sexual harassment, is protected under Title VII.  Indeed, employees are protected for reporting employment actions that are not unlawful but that an employee reasonably believes to be unlawful. And employees are protected against retaliation for reporting discrimination during an internal investigation.

What is an employer’s affirmative defense in a sex harassment case? Expand

Affirmative Defense in a Sexual Harassment Case

The employer is automatically liable and has no defense if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.

However, an employer does have a defense (known as a Faragher/Ellerth defense) if a supervisor creates a hostile work environment for an employee (but no adverse action is taken against the employee, like being fired).  Under this scenario, the employer may prevail if it proves:

Finally, if the situation involves a co-worker (non-supervisory employee) harassing another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.