Updated Jan 30, 2024
As a New York sexual harassment law firm, we frequently receive calls from asking “What is sexual harassment?” The following explains what constitutes sexual harassment in New York, and what your rights are if you’ve been sexually harassed, and what you should do if you are being sexually harassed.
If you’ve been subjected to sexual harassment, you don’t have to take it. The law is on your side. Please consider calling our firm for a free consultation with an experienced New York sexual harassment lawyer to learn about your options.
As New York sexual harassment attorneys, we even the playing field against corporations and managers that act as though they are above the law. Let us help you.
Two Frameworks of Sexual Harassment in New York
Workplace sexual harassment can take many different forms of unwelcome sexualizing conduct. You can be sexually harassed by a coworker, a supervisor, a client or customer and the harassment can occur from unwanted touching, inappropriate sex-based comments, “jokes,” or someone at work promising a promotion or other job consequence in exchange for your agreement to perform sexual favors.
In New York, sexual harassment is a form of sex or gender-based discrimination.[2] Historically, there were two primary frameworks for understanding sexual harassment under both federal and some state laws, including the discrimination laws in New York.
- Quid pro quo harassment: This occurs when someone in a position of power demands sexual favors in exchange for job benefits (such as a promotion, raise, or job assignment) or to avoid negative consequences (such as being terminated).
- Hostile work environment harassment: This occurs when unwelcome sexual acts or statements create an offensive, abusive, or severely hostile work environment.
The harasser can be a supervisor, a co-worker or someone who is not an employee, such as a client or customer. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment, and/or when it results in an adverse employment action, such as failure to hire or promote, or that leads to employee termination.
In either case, if this is happening to you, a sex harassment lawyer can help.
As sexual harassment attorneys, we can help if you are experiencing these or any other forms of workplace sexual harassment.
What Are Examples of Workplace Sexual Harassment?
Common forms of workplace sexual harassment include:
- Sexually offensive and unwelcome remarks or jokes
- Unwanted groping, which is also criminal sexual abuse
- Coerced sex acts (which also can be crimes)
- Requests for sexual favors of a sexually suggestive nature (e.g., asking employee to dig coins out of a supervisor’s pants pocket)
- Displaying pornographic images
- Comments (either complimentary or derogatory) about a person’s physical appearance or gender identity or sexual orientation or affectional preferences
- Sexual gestures (e.g., pantomiming sex acts)
- Unwanted, unsolicited requests for sexual favors or to go out on a “date” outside of work
- Inappropriate comments about someone’s body or physical appearance
- Making disparaging comments about or making fun of someone based on their sex, gender, or sexual orientation (for example, “women are…” or “gay people are…”)
- Using sexist, gender-based or homophobic epithets or obscene, misogynistic swear words
- Making vulgar, unwelcome, offensive, or explicit comments about sex or sexual acts
- Sending or sharing emails, texts, or voice messages of a sexual nature
- Gossiping about someone’s personal relationships or their sexual orientation or sex life
- Unwanted or inappropriate touching of any body part, including your clothing, face, or hair (such as uninvited and unwanted “hugging” or “kissing”)
- Staring or leering at someone’s body and/or making sexually explicit gestures
- Blocking someone’s movement in the workplace based on intimidating sexist control
- Displaying, sending, or sharing obscene, vulgar and explicit photographs or pornography
What Laws Prohibit Sexual Harassment in the Workplace?
Sexual harassment is prohibited by:
- Title VII of the federal Civil Rights Act
- The New York State Human Rights Law
- The New York City Administrative Code)
Federal law, as well as the New York State and City Human Rights Laws also protects against harassment or discrimination based on sexual orientation, gender identity or transgender status. All forms of sex-based discriminatory treatment are now prohibited by law.
For More Information About the Laws That Protect Employees from Workplace Sexual Harassment, Please Click the Following Links:
- Federal Laws Against Sexual Harassment
- New York State Laws Against Sexual Harassment
- New York City Laws Against Sexual Harassment
Is Sexual Harassment a Crime?
In some instances, yes.
If the harassment involves physical touching, coerced physical confinement, or non-consensual sexual acts, the conduct may constitute molestation, which is a sex crime.
What Should I Do if I Experience Sexual Harassment at Work?
If you are being sexually harassed at work, there are critical steps that you should take. Please see our page – “What Should I Do if I’m Being Sexually Harassed at Work?” This pages discusses how you should document your harassment, options for reporting the harassment to HR or management, and what actions you can take with respect to filing charges with the government and/or suing your employer.
Additionally, we urge that you consult with an experience sexual harassment attorney. As a sexual harassment law firm, we are dedicated to ending wrongful workplace conduct and advocating for the rights of employees.
If you have questions about your rights and options and/or if you are interested in filing a sexual harassment complaint, please contact us at (212) 766-9100 or (845) 201-0200, or at www.womensrightsny.com to schedule a no-charge consultation.
What should I NOT do if I Experience Sexual Harassment at Work?
Quit.
If you quit, you may lose your leverage against your employer for the wrongful conduct that has occurred. As a New York sexual harassment law firm, we invite you to contact us to learn about how we can help.
Post About What Happened on Social Media
Your social media posts can and often will be obtained and may be used against you by your employer later to discredit your account of what happened. Even if you are posting on a private social media account, any posts may still be used to your disadvantage in an administrative proceeding or in state or federal court, which may undermine your claims.
Delay
There are time limits for filing complaints of sexual harassment at work. For example, for those working in New York, the federal EEOC filing deadline is 300 days from the “last discriminatory act,” so don’t delay in seeking advice and counsel within these time limits.
Destroy evidence of the sexual harassment
It is important to keep emails, text messages, notes, or any other physical evidence of sexual harassment. New York is a “one-party consent” state, which means that only one participant’s consent is required for you to lawfully record others. It is not illegal in New York to record another person if you are party to the conversation that you’re recording.
Worry about whether you are too sensitive
When someone is accused of sexual harassment, it is not uncommon for an employer to claim that a person was just too sensitive, and that the harasser was only joking. However, sexual harassment law looks to how a reasonable person would react to the behavior or conduct, and the impact of that – it is less important what the person accused intended.
How do I file a complaint in New York for workplace sexual harassment ?
Sexual harassment complaints can be lodged with the United States EEOC, as well as the New York State Division on Human Rights and the New York City Commission on Human Rights.
Before filing a federal lawsuit, a person must first file a complaint with the EEOC, and the person must receive from the EEOC what is called a “Notice of Right to Sue”. It’s important to understand that even after an investigation the EEO will usually decline to take any action in more than 90% of investigations.
It’s also important to understand that a person will only have 90 Days after receiving a Notice of Right to Sue to bring a federal lawsuit.
While this notice is required before a federal lawsuit can be filed, in many instances it’s better to see if an appropriate settlement can be obtained from the employer before proceeding down this path.
New York also has various procedures for filing charges both with the state, and, if applicable, with New York city. In some cases, it may not be advantageous to file a complaint before proceeding to file a lawsuit.
There are also strategic considerations that should be taken into account before taking any action, particularly because:
- Federal, New York State, and New York City laws differ. Depending upon the conduct that occurred, such conduct may be actionable under one set of laws, but not on another set of law.
- Seeking justice under these different sets of laws will have different time considerations. Some paths may offer the possibility of obtaining justice and consideration much more quickly than other paths.
As a result, it is critical to obtain the services of a New York Sexual Harassment Attorney who can advise on these matters. We invite you to contact us for a free call to lean more about you case and what options might be the best for you depending upon your objectives.
For more info, please see our page “How to File a Sexual Harassment Complaint in New York with the New York State Division of Human Rights (NYSDHR).“
What Happens if I Report Sexual Harassment but then Face Workplace Retaliation Where my Treatment Gets Even Worse or I Get Fired?
Protections against retaliation
Illegal retaliation occurs when the “terms or conditions” of one’s work are unfavorably changed as a result of one’s reporting sexual harassment or cooperating with the investigation of a sexual harassment complaint or lawsuit. Illegal retaliation also includes termination as the result of making a sexual harassment complaint.
Retaliation for making a complaint about sexual harassment is prohibited by law. If this occurs, you may have a separate claim of illegal retaliation in addition to any claim of sexual harassment.
If you believe you have suffered illegal retaliation, you should consult with an attorney and inquire with the agencies listed above as to the specific time limits and procedures that apply.
Can I File a Lawsuit?
It is important to determine the correct forum and to file a claim well in advance of any filing deadlines. A Title VII federal claim may only be brought in court after a “Charge” is filed with the EEOC. Under the New York State and New York City Human Rights Laws, one must decide to either file with either agency or file directly in State Supreme Court.
If you need assistance with considering and/or filing a sexual harassment complaint against your current or former employer, please contact us at (212) 766-9100 or (845) 201-0200, or email us as [email protected] to schedule a no-charge consultation. Once we learn about what has occurred, we can provide you with options about how we can help.
Our mission is to assist you to hold your current or former employer accountable for sex-based discriminatory treatment to ensure it doesn’t happen again, and to help you obtain compensation for the harms and the losses that you have sustained through illegal conduct.
[1]Intersectional discrimination happens when different axes of identity (e.g., race, gender, sexual orientation, disability, etc.) intersect in such a way that creates a unique form of workplace disadvantage or marginalization.
[2] It’s denominated as “sex” discrimination under New York State Law and “gender” under New York City Law.
[3] It is critically important to document all sexual harassment complaints in writing to your company’s Human Resource Department or to any person in upper management in your company as you will need a “paper trail.”