Brooklyn’s Tech and Creative Industries Face Unique Sexual Harassment Challenges That Demand Expert Legal Intervention
Brooklyn has emerged as a thriving hub for technology startups and creative agencies, but beneath the surface of innovation and artistic expression lies a troubling reality: workplace sexual harassment remains a pervasive issue that presents unique challenges in these fast-paced, often informal work environments.
The Startup Culture Challenge
Tech startups in Brooklyn face distinct vulnerabilities when it comes to sexual harassment. For startups, dealing with sexual harassment is certain death. The rapid-growth environment, combined with informal hierarchies and close-knit teams, can create situations where boundaries become blurred and inappropriate behavior goes unchecked.
The undefined relationship between entrepreneurs and investors — coupled with the industry’s power dynamics — can complicate those casual meetings. It’s especially complex for female founders, as men control the vast majority of capital. 89% of those making investment decisions at the top 72 firms are male, according to one survey. And in 2016, VCs put $64.9 billion into male-founded startups, compared to $1.5 billion into female-founded startups.
The consequences extend far beyond individual victims. A single member of a startup company suffering from sexual harassment will surely dread going to work. But even in the workplace, that person’s concentration will be so affected that it would take monumental effort for them to get the job done. Trust is probably the single most important attribute that an organisation must absolutely have in order for it to function smoothly. When sexual harassment lurks within the dark corners of a startup company, or any company in fact, there can be no trust within that organisation.
Creative Agency Vulnerabilities
Creative agencies in Brooklyn face their own set of challenges. 26% of people surveyed had been sexually harassed while working in the industry, and a further 30% had witnessed sexual harassment happening to others. Many respondents also expressed distrust in reporting systems due to fears around career damage, and consequently 83% of those harassed said they did not officially report their experiences.
The creative industry’s unique structure creates additional vulnerabilities. It relies upon a legion of freelancers who provide a skilled, flexible workforce that the industry uses as it shifts from one project to another. Every new production involves a different set of freelance workers, so freelancers work from job to job on numerous, short-term contract with different production companies.
A culture of sexual harassment is also more likely in industries with a gendered power differential: thus, women working in male-dominated sub-sectors of the creative industries face a double disadvantage. Research reveals that women in the study considered sexual harassment to be “part of the job” and “the only way to get ahead”. They related their experiences to competition for work, the industry culture, gendered power relations and the importance of informal networks.
Reporting Barriers and Legal Protections
Both tech startups and creative agencies struggle with inadequate reporting mechanisms. A recent report by NAVEX Global showed that there is increased sexual harassment. It stated that there is a growth in the number of employees willing to report against harassment but there are those who remain reluctant due to lack of trust in internal processes.
The fear of career retaliation remains a significant barrier. “When you talk about sexual harassment in tech or in any other industry, it’s like dropping a nuclear bomb on your career. That fear of retaliation, of it impacting your business in some way, is so, so real. We have a financial responsibility to do what’s best for our business, and if speaking out is going to harm our business, is that OK?”
However, under federal and state law, Brooklyn employees have a right to file a claim against their employers for unlawful harassment or discrimination. The New York State Human Rights Law, the New York City Human Rights Law, and Title VII of the Civil Rights Act of 1964 prohibit sexual discrimination in the workplace. Sexual discrimination includes creating a hostile work environment, quid pro quo harassment, and sexual harassment.
The Importance of Expert Legal Representation
Given the complex nature of sexual harassment cases in Brooklyn’s tech and creative industries, victims need experienced legal counsel who understands both the legal landscape and the unique challenges these industries present. When seeking justice, it’s crucial to work with a sexual harrassment attorney Brooklyn, NY who has the expertise to navigate these complicated cases effectively.
The Howley Law Firm, located in Midtown Manhattan, brings decades of experience to employment law cases, including sexual harassment claims. After many years of defending multinational corporations, we formed this law firm to give individual executives, professionals, and employees the same high-quality legal representation. We focus on representing individuals in the areas of employment rights in New York and whistleblower rewards nationwide.
Whether we are representing an individual client in a sexual harassment case, or hundreds of clients in a prevailing wage class action, we are dedicated to giving you the same high-quality, aggressive representation that corporations get at large law firms. We understand that more than your legal rights are at stake. You also need to protect your reputation and your career.
Moving Forward: Prevention and Accountability
While some tech companies are implementing stronger policies, other startups are moving in that direction. Wizeline, a San Francisco firm whose roadmap software is used by other tech companies, in May adopted a policy that calls for an investigation anytime someone reports sexual harassment. Employees found to have violated the policy will be fired regardless of their position.
However, “Nothing really happened after MeToo, a couple of heads rolled, but it was symbolic.” This reality underscores the ongoing need for legal accountability and the importance of pursuing individual claims when workplace harassment occurs.
For employees in Brooklyn’s tech startups and creative agencies who have experienced sexual harassment, understanding your rights is the first step toward justice. You may be entitled to other remedies, including attorneys’ fees, punitive damages, reinstatement, back pay, and front pay. In addition, employees can also hold owners and managers personally liable for workplace discrimination along with the employer under New York City’s human rights laws. Therefore, it’s crucial that you discuss your case with an experienced lawyer so you can file your claim before the statute of limitations expires.
The unique challenges facing Brooklyn’s tech and creative industries require specialized legal expertise. With the right legal representation, victims can hold their employers accountable and help create safer, more respectful workplaces for everyone in these vital sectors of Brooklyn’s economy.