October 1, 2024
Sexual harassment in the workplace is not only unethical—it is illegal. In New York, state and federal laws provide strong protections against this type of misconduct. If you are experiencing unwanted advances, inappropriate comments, or any other form of harassment at work, it’s important to understand your rights and know what steps you can take to protect yourself. In this post, we’ll explore what constitutes sexual harassment under New York law, the legal options available to victims, and how to seek justice if you’ve been subjected to such treatment in the workplace. What is Sexual Harassment? Sexual harassment is defined as any unwelcome conduct of a sexual nature that creates a hostile or offensive work environment or results in an adverse employment decision. It can take many forms, including physical, verbal, or visual behaviors that make an employee feel uncomfortable, threatened, or discriminated against. In New York, sexual harassment is categorized into two main types: Quid Pro Quo Harassment Quid pro quo (meaning “this for that”) occurs when employment decisions—such as hiring, promotions, or continued employment—are contingent on an employee’s submission to unwelcome sexual advances or requests. An example of quid pro quo harassment is a supervisor offering a promotion in exchange for sexual favors or threatening to fire an employee if they refuse. Hostile Work Environment A hostile work environment occurs when unwanted sexual behavior or harassment is so pervasive or severe that it creates an intimidating, hostile, or abusive work environment. This can include repeated inappropriate comments, lewd jokes, unwanted touching, or displaying offensive images. Unlike quid pro quo harassment, hostile work environment harassment does not necessarily involve a supervisor or a direct employment decision. Understanding New York’s Strong Protections Against Sexual Harassment New York has some of the strictest anti-harassment laws in the country, providing additional protections to employees beyond what is required by federal law. Important aspects of New York’s sexual harassment laws include: Broader Definition of Sexual Harassment New York law defines sexual harassment more broadly than federal law. The standard for proving harassment in New York is whether the conduct subjected the individual to “inferior terms, conditions, or privileges of employment” because of their gender, rather than whether the conduct was “severe or pervasive.” This means that employees can seek legal action even if the harassment is not as extreme as it would need to be under federal law. Expanded Coverage New York’s anti-harassment laws apply to all employees, regardless of the size of the employer. Even businesses with just one employee are subject to these laws. Protection for Non-Employees The state’s sexual harassment laws also extend to non-employees, such as contractors, interns, and freelancers, who are protected from harassment by both the employer and employees. Prohibition of Non-Disclosure Agreements (NDAs) Employers cannot require employees to sign non-disclosure agreements as a condition of employment if it prevents them from discussing claims of sexual harassment. NDAs in settlement agreements are permitted only if it is the employee’s preference. Mandatory Training Requirements New York requires employers to provide annual anti-sexual harassment training to all employees. The training must cover what constitutes sexual harassment, the remedies available to victims, and the rights of employees under state and federal law. What to Do If You Are Experiencing Sexual Harassment at Work If you are being harassed at work, it’s essential to take action to protect your rights. Here are the steps you should consider: Document the Harassment Keep a detailed record of each incident, including dates, times, locations, what was said or done, and any witnesses who may have been present. Save copies of emails, text messages, or any other communications that could serve as evidence. Report the Harassment Report the harassment to your employer or HR department as soon as possible. Follow your company’s procedures for reporting harassment, and provide as much detail as possible. If your company does not take action, or if you fear retaliation, you can seek legal assistance to understand your options. File a Complaint with the New York State Division of Human Rights (NYSDHR) Victims of workplace sexual harassment in New York can file a complaint with the NYSDHR within three years of the incident. The Division will investigate your claim, and if they find evidence of harassment, they may issue a determination and potentially schedule a hearing. File a Complaint with the U.S. Equal Employment Opportunity Commission (EEOC) You can also file a complaint with the EEOC within 300 days of the harassment. The EEOC will investigate and may issue a “right-to-sue” letter, allowing you to file a lawsuit in federal court. Speak to an Attorney If you believe your rights have been violated, consult with an experienced employment law attorney. An attorney can help you understand your rights, build a strong case, and guide you through the legal process. Potential Remedies for Victims of Sexual Harassment If your complaint is successful, there are several types of remedies available to you under New York law, including: Compensatory Damages Compensation for emotional distress, humiliation, loss of reputation, and any medical treatment you may have needed as a result of the harassment. Back Pay and Lost Wages If you experienced a reduction in hours, were denied a promotion, or lost your job due to harassment, you may be entitled to back pay and lost wages. Punitive Damages In cases where the harassment was particularly egregious or malicious, the court may award punitive damages to punish the employer and deter similar behavior in the future. Injunctive Relief The court can issue orders requiring the employer to change its practices, provide additional training, or take other steps to prevent future harassment. Reinstatement If you were fired or forced to quit due to harassment, the court may order your reinstatement. How Lawyerforworkers Can Help Sexual harassment at work can have devastating effects on your career, mental health, and overall well-being. At Lawyerforworkers, we are committed to standing up for employees who have been subjected to harassment and discrimination. Our team has extensive experience representing victims of workplace sexual harassment in New York and will work tirelessly to protect your rights and pursue justice on your behalf. If you are experiencing harassment or need advice about a potential case, contact us today for a confidential consultation. We are here to listen, support you, and help you understand your legal options every step of the way.
