February 5, 2021

A Personal Account of Workplace Harassment Highlights How Common the Behavior Is

If Jennifer Barnett’s recent Medium piece sounds woefully familiar, that’s because it tells the same kind of story we hear about all the time. In fact, many of the discrimination cases we take on follow very similar outlines. An employee, even a very senior one, is intimidated, berated, and subjected to mistreatment at the hands of a manager or executive, and has trouble sorting through the proper legal response to the situation. 

From our perspective, it’s entirely understandable that Barnett’s story isn’t unique and it’s a major reason why we found her post so compelling. It describes, in detail, many of the experiences our clients have when facing troubling issues like the ones Barnett describes. 

We are well aware that workplace conflict is complicated. An employee is forced to weigh their career advancement or the support of colleagues and friends against a potentially acrimonious legal case. Additionally, employees are often not experts in employment and labor law, putting them in the awkward position of trying to figure out what is merely part of the work culture and what is harassment or discrimination. 

Another thing Barnett’s story demonstrates is how difficult it is to switch from accommodating workplace harassment to pushing back against it. Once you’re deep in it, it becomes even scarier to think about contacting a lawyer. 

And even when you do confront discrimination and harassment, as Barnett’s story shows, employers can just as easily double down on protecting or denying the problem as they can rectify it. Barnett’s harasser, for example, remained in a position of power in her profession and continued to be offered platinum editorial jobs in prestige media. It should be noted you don’t have to work at a prestigious company or be some glowing success like Barnett to be discriminated against or harassed. Workplace harassment exists in every profession and at every pay-level. 

We applaud Barnett’s willingness to write about such difficult problems and encourage people to recognize that being made to feel uncomfortable or intimidated at work is a problem you don’t have to face alone.


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Cuomo’s Textbook Violations of His Own Sexual Harassment Law

March 29, 2021
Sexual Harassment
Governor Cuomo, who boasted that “we are sending a strong message that time is up on sexual harassment in the workplace” doesn’t appear to have thought his own message applied to him. Read all about it in Senior Associate Alex Berke’s piece “Cuomo’s Textbook Violations of His Own Sexual Harassment Law” in the Daily Beast.

Berke-Weiss Law PLLC Releases Training Video Focused on Family and Medical Leave

March 22, 2021
Paid Family Leave
If you need to brush up on FMLA and other questions pertaining to leave, including how FMLA works with New York State Paid Family Leave, we have a new training video from an event with Park Slope Parents that provides answers to many issues about family and medical leave and what you need to know.

Is the Third Stimulus the Beginning of a Guaranteed Family Income?

March 11, 2021
Gender Discrimination
Tucked into 2021’s $1.9 trillion stimulus package is a provision that could have life-changing effects for families with children: an expansion and reworking of the child tax credit. Championed solo for nearly two decades by Representative Rosa DeLauro of Connecticut, the idea to expand the child tax credit has gained a new lease on life and more admirers as the pandemic and lockdowns have had a deleterious impact on families and children.

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