Sexual Harassment FAQs in New York
If you have experienced sexual harassment at work in New York, you may have questions about whether the conduct was unlawful, what your rights are, and what you should do next.
Employees in New York may be protected by the New York State Human Rights Law (NYSHRL), New York City Human Rights Law (NYCHRL), and federal law, including Title VII of the Civil Rights Act of 1964. The laws that apply depend on the circumstances, including where you work, the employer, and the conduct involved.
What Is Sexual Harassment?
Sexual harassment is a form of sex discrimination involving unwelcome conduct based on sex. It can include unwanted sexual advances, requests for sexual favors, sexual comments or jokes, inappropriate touching, sexually explicit communications, and other unwelcome sexual or gender-based conduct.
Sexual harassment does not have to involve physical contact. Verbal, written, electronic, visual, or other conduct may constitute unlawful harassment depending on the circumstances. Federal law also protects against harassment based on sex, including sexual orientation and transgender status.
What Are Examples of Workplace Sexual Harassment?
Examples may include:
- Unwanted touching, kissing, or other physical contact;
- Repeated requests for dates or sexual activity;
- Sexual comments, jokes, or conversations;
- Comments about an employee’s body, appearance, or sex life;
- Sexually explicit texts, emails, photographs, or messages;
- Displaying sexually explicit material;
- Requests for sexual favors in exchange for a promotion, raise, assignment, or other benefit;
- Threatening an employee after rejecting sexual advances; and
- Gender-based insults, stereotypes, or degrading comments.
Whether particular conduct constitutes unlawful sexual harassment depends on the facts and applicable law.
Does Sexual Harassment Have to Be Physical?
No. Sexual harassment can occur without physical contact. Unwanted sexual comments, propositions, messages, images, jokes, or other communications may potentially constitute sexual harassment.
The circumstances and applicable federal, New York State, or New York City law must be evaluated.
Can One Incident Constitute Sexual Harassment?
Potentially, yes.
New York State law does not require workplace harassment to satisfy the traditional federal “severe or pervasive” standard. Federal Title VII applies a different standard, under which harassment generally becomes unlawful when enduring the conduct becomes a condition of continued employment or when the conduct is sufficiently severe or pervasive to create an intimidating, hostile, or abusive work environment.
New York City law also provides broad protections against gender-based harassment. Whether a single incident supports a legal claim depends on the nature of the conduct and the law that applies.
What Is Quid Pro Quo Sexual Harassment?
Quid pro quo sexual harassment generally involves conditioning an employment decision or benefit on submission to unwelcome sexual conduct.
Examples include offering a promotion in exchange for sexual favors or threatening to fire, demote, or discipline an employee who rejects sexual advances.
Can a Coworker, Customer, or Client Sexually Harass Me?
Yes. A harasser may be a supervisor, manager, coworker, subordinate, customer, client, contractor, vendor, or another person connected with the workplace.
Employer responsibility for harassment by a coworker or certain third parties depends on the circumstances, including what the employer knew or should have known and how it responded. Federal law recognizes potential employer liability for harassment by non-employees over whom the employer has control when the employer knew or should have known of the conduct and failed to take appropriate corrective action.
Does New York Have Stronger Sexual Harassment Protections Than Federal Law?
Potentially, yes.
Title VII generally applies to employers with 15 or more employees. The NYSHRL applies to employers throughout New York State and provides protections against workplace sexual harassment regardless of employer size.
The NYCHRL provides additional protections in New York City and is interpreted independently from comparable federal and state laws.
Because the standards and procedures differ, a potential sexual harassment claim should be evaluated under every potentially applicable law.
Do I Have to Report Sexual Harassment to My Employer?
Not necessarily.
New York State law does not generally require an employee to make an internal complaint before pursuing a sexual harassment claim. However, reporting harassment can be important evidence concerning what the employer knew and how it responded.
Before reporting the conduct, resigning, signing an agreement, or taking another significant step, consider discussing your options with a New York employment attorney.
Can My Employer Retaliate After I Report Sexual Harassment?
Retaliation for protected activity can constitute a separate legal claim.
Protected activity can include opposing unlawful discrimination or harassment, complaining to Human Resources or management, participating in an investigation, or filing an administrative charge.
Potential retaliation may include:
- Termination or demotion;
- Discipline;
- Reduced hours or compensation;
- Undesirable assignments;
- Increased scrutiny;
- Loss of workplace opportunities; or
- Other adverse treatment.
The timing and circumstances following a complaint can be important evidence.
Can Sexual Harassment Occur Through Text Messages or Email?
Yes. Workplace sexual harassment can occur through text messages, email, workplace messaging systems, social media, photographs, videos, and other electronic communications.
If you receive inappropriate communications, preserve them and, where possible, maintain the surrounding context. Do not improperly remove confidential company information.
Can Men Be Victims of Sexual Harassment?
Yes. Sexual harassment protections apply regardless of the sex of the victim or harasser. Men can be victims of harassment by women or men, and same-sex sexual harassment can be unlawful.
How Long Do I Have to File a Sexual Harassment Claim in New York?
The deadline depends on the law and forum.
For many covered Title VII claims in New York, an EEOC charge must generally be filed within 300 days of the alleged harm. In harassment cases, the EEOC generally measures the period from the last incident of harassment.
Under the NYSHRL, sexual harassment complaints generally may be filed with the New York State Division of Human Rights within three years of the most recent incident. A direct state-court action under the Human Rights Law is also generally subject to a three-year period. An internal employer complaint does not extend the applicable deadline.
For the NYCHRL, a complaint with the NYC Commission on Human Rights generally must be filed within one year, but the period is three years for gender-based harassment. A court action generally has a three-year period.
Because different claims can have different deadlines, prompt legal advice is important.
What Should I Do If I Am Experiencing Sexual Harassment?
Consider documenting the conduct promptly. Keep records of dates, locations, what was said or done, witnesses, communications, complaints to management or HR, and changes in your treatment after reporting the conduct.
Preserve relevant evidence lawfully, including texts, emails, photographs, workplace messages, and other communications. Do not take confidential company documents you are not authorized to possess.
Can I Sue My Employer for Sexual Harassment?
Potentially. Depending on the circumstances, an employee may have claims under the NYSHRL, NYCHRL, Title VII, or more than one law.
Potential remedies can include lost wages, emotional-distress damages, compensatory or punitive damages where available, reinstatement or other equitable relief, and attorney’s fees. Available remedies depend on the applicable law and facts.
How Much Is a Sexual Harassment Case Worth?
There is no standard settlement amount or predetermined value for a sexual harassment case.
Potential value can depend on the nature and duration of the harassment, lost income, emotional distress, career consequences, evidence, retaliation, employer conduct, applicable law, and available remedies.
How Can a New York Sexual Harassment Lawyer Help?
A New York sexual harassment lawyer can evaluate the conduct, identify potentially applicable federal and New York laws, review evidence, assess retaliation claims, discuss reporting and administrative options, evaluate filing deadlines, communicate with an employer, negotiate when appropriate, and pursue litigation when necessary.
Where Does the Law Office of Joseph Kilada Represent Sexual Harassment Clients?
The Law Office of Joseph Kilada represents clients in New York employment law and sexual harassment matters throughout New York City, Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, Nassau County, and Suffolk County.
If you believe you have experienced workplace sexual harassment, sex discrimination, gender-based harassment, or retaliation, contact the Law Office of Joseph Kilada to discuss your circumstances and learn about your potential legal options.
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The information provided on this website is for general informational purposes and is not legal advice. Whether an individual has a viable sexual harassment claim depends upon the particular facts, applicable law, and circumstances of the case.