Apparently, the UK thinks so, but what about in NYS?
In NYS, you'd have to prove that such a comment rose above a petty slight or trivial inconvenience so context would be everything. In such, we have questions:
- Was it said as a joke or a slight?
- Who said it - management or a co-worker?
- When / Where was it said?
- Was it only said once or repeatedly?
- Did the victim ask for it not to be said and then, was it said again after?
- Was it just said, or was the victim given clothing that called him "the bald guy"?
- Was it just a comment or an identity?
- Were other bald men not called bald?
- What about bald women?
- Did the victim have an underlying medical condition contributing to being bald - like cancer treatments?
The list goes on, but the answer isn't simple. Regardless, NYS has a relatively low standard to prove hostile work environment discrimination under the New York State Human Rights Law. In contract, federal law, under Title VII, requires proof that the harassment was severe and pervasive, which would be much harder to prove. Either way, context is everything and eliciting the right evidence is what makes you win or lose this type of case. So, don't just ask an AI, sit down for a comprehensive consultation to learn whether you have a sexual harassment case.
Use our Discrimination Case Checklist to see how your situation measures up, and then contact Lieb at Law to discuss your rights and options. Our team is here to help you determine if you have a case and fight for the justice you deserve.
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