Only 1 employee needed for sexual harassment in NY

By Jack Tuckner, Esq.

If you are being sexually harassed in the workplace and you work for a tiny mom-and-pop employer with let’s say 3 employees, what do you do? Under United States law, not much. Because the federal law requires at least 15 employees in order for coverage to apply. And under most state laws, at least 4-8 employees are required for the same application of the state so-called anti-discrimination laws. But now in New York State as of 2016, if you are the only employee, even if there is one employee and that’s you and you are being sexually harassed, you can hold your employer accountable.

Number one – Don’t Quit. Number two – oppose the unlawful employment practice, put it in writing and/or record a conversation as long as you and the employer or the perpetrator are both in New York – it is perfectly illegal. Three, you may want to consult with a Plaintiff-side employment lawyer and you’ll be OK. Just don’t quit, and document it.