Berger Harris attorneys Brian Gottesman and David Anthony successfully resolved a sexual harassment claim involving liability issues that were matters of first impression in Delaware.  The case turned on whether an employer can be liable for sexual harassment based on same-sex gender stereotyping.  In 2009, Governor Markell signed into law new anti-discrimination statutes that made it unlawful for an employer to discriminate against an employee or applicant for employment on the basis of an individual’s sexual orientation. 

The alleged acts of discrimination in this case, however, predated the 2009 law.   Consequently, Gottesman and Anthony had to address whether a homosexual employee could hold a former employer liable for gender based harassment on a gender stereotyping theory. 
 
By taking an innovative approach to the case that maximized efficiency, Berger Harris was able to satisfy their client’s litigation goals.  Berger Harris approaches each matter with a client-oriented focus to ensure that each client’s unique requirements and objectives are fulfilled. 

Berger Harris represents a diverse array of clients in employment counseling and litigation matters, including both employers and employees. If you have questions regarding employment or labor law, Gottesman and Anthony stand prepared to assist you.