Kathleen Peratis - Sexual Harassment Employment Attorney

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Kathleen Peratis


KATHLEEN PERATIS is a partner at Outten & Golden LLP in New York. She has practiced employment law for over 25 years including employment contracts and separation agreements. At Outten & Golden, she chairs the Public Interest Committee and Sexual Harassment Practice Group and is a member of the Executives and Professionals Practice Group. At the ACLU from 1975 to 1979 as the director of the Women's Rights Project working with, (now) Justice Ruth Bader Ginsburg, she brought lawsuits successfully challenging as unconstitutional laws that discriminated against women on account of gender, including on account of pregnancy.

In one of those cases, the U.S. Supreme Court declared that pregnant women could not, on account of pregnancy alone, be deprived of unemployment compensation. In another, the court declared that service women could not be discharged on account of pregnancy. In a third case, Ms. Peratis successfully represented a female midshipman who was being expelled for being in bed with a male colleague—while the male midshipman faced no punishment.

In private practice for the last thirty years, Ms. Peratis has continued to represent women and men who are entering or leaving executive or professional employment or are survivors of workplace discrimination and abuse. Her clients include people who are rising on the corporate and professional ladders as well as those who have lost promotions or jobs because of their race, religion, color, or LGBTQ status. She has recovered millions of dollars for these survivors, usually in settlement and sometimes at trial. Under Ms. Peratis’s leadership the Public Interest Committee at Outten & Golden has taken on the representation of people with workplace claims too small to be economically viable for most lawyers but too important to ignore.

Ms. Peratis authored a text book called Woman and the Law and is a contributor to Workplace Harassment, ed. Lindemann Kadue, BNA (2012); she has spoken and written on a wide range of issues or employment law. She was a regular columnist for The Jewish Daily Forward, with a column called "Only Human," from 2004 to 2010, writing about women's rights and human rights. She continues to be an occasional op-ed contributor. She has authored op-eds that have appeared in The New York Times, The Washington Post, and other periodicals, as well as essays that have appeared in Ms. Magazine, Lilith, The Washington Times and others.

Film Appearance:

"RBG" (US Supreme Court Justice Ruth Bader Ginsburg) Documentary - Kathleen Peratis segments

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Bar Admissions & Professional Activities

  • Ms. Peratis is admitted to practice law only in New York and California.

  • Co-chair of the Middle East North Africa division of Human Rights Watch, emerita member of HRW's board of directors, founding chair of HRW's Women's Right division; and helped to create and implement HRW's policy on officially tolerated violence against women and reproductive freedom under international human rights law.

  • Co-founder, J Street

  • Member, board of directors of The Jewish Daily Forward

  • Past member, board of the New York Civil Liberties Union for many years and was its president from 1988 to 1993.

  • Board member, New Israel Fund since 1993 and was its Vice President in North America until 1999.

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"RBG" (US Supreme Court Justice Ruth Bader Ginsburg) Documentary - Kathleen Peratis segments

Outten & Golden LLP partner Kathleen Peratis was with the ACLU from 1975 to 1979 as the director of the Women’s Rights Project with (now) Justice Ruth Bader Ginsburg, brought lawsuits successfully challenging as unconstitutional laws that discriminated against women on account of gender, including on account of pregnancy.

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Publications & Articles

Trump to Sexual Harassment Victim, "You're Fired!"

Co-authored by Kathleen Peratis and Nina Frank, O&G Employment Law Blog, August 9, 2016

Why So Many Victims Of Sexual Harassment Stay Silent, Still

Kathleen Peratis, The Atlantic, January 4, 2013

Two decades after Anita Hill's testimony against Supreme Court nominee Clarence Thomas, women are still punished for confronting their harassers. 

I'm a lawyer, a long-time practitioner of employment discrimination law, and a partner at Outten and Golden LLP in New York City. I guess I am what some people disparage by calling a "slick lawyer," a way to put down those who are passionate about justice. The work is hard and in Anita Hill's day even more so than today, claimants were so far ahead of the times that they were often unsuccessful in their legal claims. The law was so inhospitable in the 1990s and for many years thereafter that had Anita brought a legal claim—which she never did—it is likely that she would have lost in a court of law.

At about the same time as Anita Hill's claims exploded onto the public scene, my firm was involved in a very similar case, unsuccessful at the trial stage and then successful on appeal, which is why I am able to speak publicly about it. The details of this case give you a flavor of what the law was like in 1991. The claimant was a woman named Lisa Petrosino who worked for Bell Atlantic, which is now Verizon, repairing telephone lines. She worked out of a garage in Staten Island with an all-male crew who tormented her every day. The banter among the men in the workplace was crude and misogynistic, which would have been bad enough for Lisa, but they also singled her out. They drew crude pictures of headless women, women with their legs spread in the air, pictures of men having sex with animals, and of her having sex with supervisors, and left them in terminal boxes she was assigned to work on so she would find them. She felt threatened by the depictions of dismembered women. She said, "It's not that I don't have a sense of humor, but this stuff is not funny." They ridiculed her appearance, they told her to "calm her big tits," they said she complained because she was "on the rag." Bell Atlantic not only did nothing to stop it, their supervisors joined in. Bell Atlantic's lawyers, one of whom was a woman, argued that none of this was illegal, it was just boys being boys. The federal district court judge agreed with them and dismissed the case.

The Supreme Court had decided years before that sexual harassment and hostile environment were illegal, but the prejudices of the trial judges remained. In Lisa's case, the trial judge saw no illegality. The appellate court finally reversed and sent the case back to the trial court for trial, and at that point, the case was settled. So the wrong was righted, in a way, but only in a way. Like Anita, Lisa suffered greatly along that road to justice. Some women are transformed by the vindication of a legal victory but some find the process totally debilitating and demoralizing. Women who go public still get punished. It's a sad reality, but some of my happiest clients are the ones who settled for less than their claim was worth and even the ones who decided not to complain at all. Women were punished in 1991, they were punished in 2000, and the sad reality is they are punished still today. I was recently retained by a woman who works at a major education institution in New York City. She was having a business dinner with her boss and he put her hand on his crotch, on his erect penis, freaking her out. She will probably sue and it will be harder on her than she can imagine. These cases do happen less now than they used to but when it happens to you, that is cold comfort.

But let me tell you a little bit about what is actually illegal, then and now. The definition of an illegal hostile environment has not changed—it is an environment where there is an atmosphere of hostility and misogyny that is either severe or pervasive. These words are subject to interpretation, of course, but in most courts, "severe" means that the bad actor, as we call him in my business, has engaged in at least some unwanted or unwelcome touching. I will explain the "unwanted" part in a minute. As for the "touching," it doesn't have to be rape, but to have a really good case for hostile environment discrimination it has to be serious. In the absence of unwanted touching, the claimant has to show that the bad actions were pervasive, and that means a pattern of incidents. How many? No one can quantify what is enough and as in any legal case, it will depend on many things, such as how the claimant and the other witnesses come across to this particular judge or jury.

I mention that the conduct has to be "unwelcome." This is very important because it provides defendants with the opportunity to blame the victim by saying she was a willing participant. It is the "You asked for it" defense. "Why did you send your boss birthday cards or light-hearted emails, if you were bothered by his conduct?" "Why did you get drunk at the holiday party?" "Why did you let your boss come to your room when you were traveling?" "Why did you tell all those off-color jokes?" "Why did you wear a skirt so short, if you're not a slut?" "Why didn't you quit?"

Because this road is so tough, I often hear clients say, "Why me? Why did this have to happen to me? Why has my life been turned upside down by this creep who had no right to do this to me?" And it is unfair. But the law has been transformed by the many women who have bravely stepped up and paved the way for the rest of us. That is what Anita did.

This post is adapted from I Still Believe Anita Hill: Three Generations Discuss the Legacies of Speaking Truth to Power.

After Anita Hill: What Has Changed About Sexual Harassment

Kathleen Peratis, O&G Employment Law Blog, October 13, 2011

Get Used To More Davids Becoming Dianes

Kathleen Peratis, The Forward, July 24, 2008. A brief discussion of who transgender people are, and the differences between transgender and gay people.

You have to hand it to Rep. Barney Frank, the man knows how to empathize. In the first-ever congressional hearing on workplace discrimination against transgender people, held by the House in late June in an Education and Labor subcommittee, Frank said he understands what it means to be trapped in the wrong body — because that is what happens when his legislation gets bogged down over in the Senate.

The lesbian, gay, bisexual and transgender — or LGBT, for short — press called the congressional hearing on gender identity discrimination “historic” and “groundbreaking.” The mainstream media pretty much ignored it, but the issue is worth keeping an eye on.

Our Kids And The Workplace

A brief discussion of teens and sexual harassment in the workplace, by employment lawyer Kathleen Peratis, The Forward, December 31, 2004.

Thousands of children will go to work with their mothers or fathers on Ms. Magazine’s “Take Our Daughters and Sons to Work Day” in April. Most of the kids will spend the day in a white-collar enclave, the sort of place they may hope or expect to inhabit in four or eight or 10 years. But much sooner, many of them will be going to work in places that are considerably less well-mannered — fast-food restaurants and large chain retail stores — and they will be ill prepared for what lies ahead.

The daughter of a friend of mine works in one such place, a fast-food restaurant. A few weeks ago, my friend asked me if the laws against sexual harassment apply to 16 year olds. She came to learn that the 19-year-old assistant manager (and scheduler) was hitting on her daughter. Her daughter was holding him off, but she knew her time was running out.

This girl’s experience is not uncommon. In early December, the Washington Post reported that the Equal Employment Opportunity Commission had filed a lawsuit on behalf of a 17-year-old high school student and part-time waitress against a St. Louis fast-food restaurant, Steak ’n Shake Operations. A cook had grabbed, threatened and exposed himself to her, she alleged, and when she complained, the manager suggested it would be better if she quit. This was the commission’s 25th sexual harassment lawsuit on behalf of teens in 2004, up from eight in 2002.

No Ifs, Ands Or Butts

An essay on the differences in sexual harassment in Europe and the U.S, by employment law attorney Kathleen Peratis, The Forward, August 6, 2004.

In March, an American woman on the staff of the Office of the United Nations High Commissioner for Refugees accused the high commissioner himself of sexual harassment, saying he had “grabbed her behind.” The dashing and handsome high commissioner, Ruud Lubbers — a former Dutch prime minister who is currently charged with protecting 17 million refugees from violence, famine and sexual harassment — did not deny the act with which he was charged.

His defense, at least as explained in a letter to his staff widely circulated throughout the U.N., was that the woman had misunderstood his “friendly gestures.” In the course of the official investigation, four other women came forward and said the high commissioner had done the same to them. A few weeks ago, Kofi Annan, the secretary general of the U.N., “admonished” the high commissioner for his behavior but cleared him of sexual harassment charges.

There is probably not a single large company in the United States that would not have fired a manager for doing what Lubbers did. Most companies in Europe, and most other places for that matter, would have done what Annan did, which is pretty much nothing. Who is right, and why?

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Awards & Recognition

  • Best Lawyers in America - Employment Law 2020 - 2021

  • Martin D. Ginsberg Award, presented by Ruth Bader Ginsberg, September 2018

  • Legal 500 United States Recommended Labor and Employment Lawyer 2019-2020

  • Lawdragon 500 Leading Plaintiff Employment Lawyers 2018-2020

  • Super Lawyers 2008-2020

  • New York Metro Super Lawyers Women 2015, 2019

  • New York Women Leaders in the Law - New York Magazine (2013-15)

  • New York Area’s Best Lawyers by New York Magazine

  • Awardee, J Street's 2011 Tzedek v'Shalom (Justice and Peace)

  • Awardee, A Woman of Valor by the Jewish Fund for Justice

  • Awardee, Distinguished Service by Human Rights Watch

  • Recipient of Partner In Justice Award of MFY Legal Services

  • Awardee, Medal of Honor from Veteran Feminists of America

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