New York Sexual Harassment Lawyers

New York Sexual Harassment Lawyers

Sexual harassment in the workplace is still a common problem, with many employees facing unwanted advances and hostile work environments. Unfortunately, many victims feel powerless to stop the harassment or don’t know their legal options.

The guide can help New York workers by explaining sexual harassment laws, how to document and file a complaint, and what legal actions are available. Our goal is to support safer, more respectful workplaces for everyone.

New York Sexual Harassment: Key Things to Know as a Victim

Recent changes in workplace sexual harassment laws have strengthened your rights. Our experienced New York employment lawyers explain your legal options and how to protect yourself.

No More Forced Arbitration for Sexual Harassment and Assault Cases

New laws now prevent companies from forcing sexual harassment and assault victims into private arbitration, meaning these cases can go to court. This change gives victims of sexual harassment more power since companies often want to avoid public exposure from court cases. Our New York sexual harassment attorneys are skilled trial lawyers with strong records in court.

Save Evidence of Sexual Conduct or Harassment

If you’re experiencing workplace sexual harassment, it is essential to preserve all evidence of inappropriate conduct, especially:

• Electronic communications. Save all inappropriate messages, advances, or invitations (including requests for dinner, romantic outings, or sexual encounters).
• Digital safety. Transfer all evidence to your PERSONAL devices immediately — never store documentation on work-issued computers or phones.
• Physical evidence. Securely store and photograph any inappropriate gifts or items (such as intimate objects, suggestive clothing, or inappropriate materials).
• Detailed records. Maintain a comprehensive chronological log of all incidents on your personal device, including dates, times, locations, and witnesses.

Understanding Sexual Harassment in New York

Sexual harassment is a serious issue and is considered illegal discrimination based on sex, including a person’s sexual orientation, gender identity, gender expression, and/or transgender status.

Legal Framework

At the federal level, Title VII of the Civil Rights Act of 1964 prohibits sexual harassment. This law requires employers with 15 or more employees to protect workers from harassment and unwanted sexual behavior at work.

When Does Behavior Become Sexual Harassment?

Behavior becomes illegal sexual harassment when it:

• Interferes with work. The behavior unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment.
• Affects terms of employment. The conduct is explicitly or implicitly required to keep the job.
• Influences employment decisions. Acceptance or rejection of unwelcome sexual advances is used to make employment decisions.

Sexual harassment can happen to anyone, regardless of gender. Although it’s often seen as a problem for women, men file about one in five sexual harassment complaints in the U.S.

Examples of Harassing Conduct

Sexual harassment can happen in many ways, including:

• Verbal/non-verbal harassment
  • Sexually suggestive comments, jokes, or innuendos
  • Inappropriate remarks about someone’s body or sexual experiences
  • Unwelcome sexual noises or gestures
  • Sexual or gender-based slurs
• Visual harassment
  • Display of sexually explicit or suggestive materials
  • Sharing inappropriate images, videos, or graphics
  • Posting suggestive content in work areas
  • Unwanted exposure to sexual content
• Physical violation
  • Unwanted touching or physical contact
  • Deliberate “accidental” body contact
  • Inappropriate physical acts (including back rubs, groping, or forceful contact)
  • Invasion of personal space
• Severe misconduct
  • Sexual assault or attempted assault
  • Physical molestation
  • Any form of sexual violence
  • Non-consensual sexual acts
• Coercive behavior
  • Unwanted sexual propositions
  • Pressure for sexual favors
  • Persistent romantic or sexual advances
  • Unwelcome dating requests
• Professional retaliation
  • Threats regarding employment status
  • Manipulation of work hours, pay, or benefits
  • Career-related consequences for refusing sexual advances
  • Workplace punishment for reporting harassment

Types of Sexual Harassment

U.S. law identifies two main types of sexual harassment.

1. Quid Pro Quo: This Latin phrase means “this for that.” Quo sexual harassment is when a supervisor or high-ranking company official pressures an employee into unwanted sexual situations by threatening their job or promising workplace benefits in return. This is a serious type of harassment because victims may be scared to lose their job. Companies have strict liability in these cases, often leading to quick resolution.
2. Hostile Work Environment: This happens when coworkers create a sexually inappropriate atmosphere with unwanted sexual comments or actions. It makes the workplace uncomfortable or intimidating, which can interfere with employees’ job performance.

Schedule your sexual harassment consultation today.

What Does New York Law Say About Sexual Harassment at Work?

What Does New York Law Say About Sexual Harassment at Work?

New York has strong laws against workplace sexual harassment, which offer more protections than federal law. The New York state Human Rights Law requires all employers, no matter their size, to ensure a harassment-free workplace.

Expanded Protections Under New York Law

New York law covers workers at both large and small companies, unlike federal law, which only covers workplaces with 15 or more employees. Local laws, like the New York City Human Rights Law, add more protections and ways to report harassment.

Key Protections and Requirements for New York Workers

Protection for non-employees

• As of 2018, workers who aren’t direct employees (contractors, subcontractors, vendors, consultants, or employees of outside entities) are also protected from sexual harassment.
• Employers can now be held liable if they knew or should have known about the harassment and failed to take immediate and appropriate corrective action.

Mandatory prevention policies and training

• All employers must have a sexual harassment prevention policy and provide annual training to employees.
• These policies and training programs must meet minimum legal requirements to ensure employees know their rights, how to recognize harassment, and how to file complaints.

Restrictions on nondisclosure agreements

• Employers can’t force employees to sign nondisclosure and confidentiality agreements that silence them about sexual harassment unless the employee chooses it.
• This law prevents companies from imposing restrictive contracts as a condition for settling harassment cases.

Ban on mandatory arbitration clauses

• Workers cannot be forced into mandatory arbitration for sexual harassment claims.
• This allows victims of sexual harassment to sue their employers and abusers in public courts instead of being confined to private arbitration, which tends to favor employers.

Confidential hotline for complaints

• Workers can use a confidential hotline (1-800-HARASS-3 or 1-800-427-2773) to file complaints and get free legal advice.
• Pro bono lawyers from the NY State Division of Human Rights (DHR) are available during regular business hours.

Continuous Legal Improvements

New York state continually enhances its anti-harassment measures. For example, in March 2022, additional regulations were adopted to:

• Expand the definition of illegal retaliation
• Close loopholes that previously excluded certain protections

Legal Restitution Available for Survivors of Sexual Harassment

If you’re a victim of sexual harassment facing unwanted sexual advances at work, you have multiple legal options to hold employers accountable through federal, state, or local discrimination cases. Understanding your rights under sexual harassment laws is crucial when pursuing a sexual harassment lawsuit or addressing gender discrimination.

Types of Financial Remedies

Compensation in sexual harassment cases include:

• Back-pay and front-pay/reinstatement
• Payment for lost benefits and healthcare coverage
• Legal fees and prejudgment interest
• Compensatory damages for emotional distress and suffering
• Punitive damages in cases of severe misconduct
• Additional compensation for wrongful termination

Filing a Complaint

Different jurisdictions have varying procedures for NYC sexual harassment cases.

Federal Level

• Protection under Title VII of the Civil Rights Act of 1964
• Requirements
  • File a complaint with the Equal Employment Opportunity Commission within 300 days
  • Report incidents of a sexual nature to human resources
  • “Right to sue” letter is required after 180-day investigation
  • Punitive damages require proof of malicious intent
• Damage caps
  • 15-100 employees: Maximum $50,000
  • 500+ employees: Maximum $300,000

State Level (New York)

Advantages for discrimination cases:

• Extended three-year filing window
• No mandatory pre-filing requirements
• Direct access to state courts
• Option to file with NY State Division of Human Rights
• 90-day window for state court filing after administrative dismissal

Local Level (New York City)

New York City Human Rights Law provides:

• Enhanced protections against sexual harassment
• Additional punitive damages options
• Broader interpretation of harassment claims
• Stronger workplace protection measures

Additional Legal Avenues

You can also bring a lawsuit under New York tort laws against the harasser. Potential tort claims include:

• Defamation
• Intentional infliction of emotional distress

Remember, legal deadlines are critical: one year for most claims and three years for physical injury cases. Consulting experienced New York sexual harassment lawyers can help you effectively navigate these complex legal options.

Taking Action: What to Do If You Experience Sexual Harassment in New York

It can be overwhelming to experiencing sexual harassment. This step-by-step guide can help you navigate the situation.

Step 1: Understand your rights

• Your employer must keep the workplace free of sexual harassment and act quickly to address incidents.
• Section 201-g of New York State Labor Law requires employers to have a written sexual harassment prevention policy. Make sure you review and understand it.

Step 2: Report the incident

• Follow your employer’s procedure for reporting sexual harassment.
• Submit a written report with this information:
  • Who was involved: harasser, relationship to you (supervisor, co-worker, etc.), and witnesses
  • Specific events, with dates, times, and locations
  • How it has affected you (job performance, emotional distress, any retaliation)
  • Details of previous attempts to inform management and their responses

Step 3: Be cautious on social media

• Avoid posting about the incident online because it could be used against you.
• Remember, private discussions with your lawyer and health counselors are confidential, but social media is not.

What Not to Do

• Don’t destroy evidence: Save all related communication, including notes, text messages, emails, and photographs. Document each incident thoroughly with dates, times, locations, and witness names. Keep copies of all communications and complaint forms reported to human resources.
• Don’t delay taking action: Sexual harassment laws have strict time limits. Federal EEOC complaints must be filed within 300 days of the incident, while NYC sexual harassment cases allow up to three years. Missing these deadlines can severely limit your legal options.
• Don’t fear retaliation: It’s illegal for employers to retaliate against you for reporting unwanted sexual advances or filing a discrimination case. If you experience negative actions — including wrongful termination, demotion, or hostile treatment — after reporting, this is an additional violation.
• Don’t ignore your feelings: Trust your instincts if the behavior feels inappropriate or offensive, even if the harasser says it’s “just a joke” or “not serious.” Sexual harassment laws protect your right to a safe workplace, regardless of the perpetrator’s stated intentions.
• Don’t confuse sexual assault and harassment: Sexual harassment typically involves workplace misconduct of a sexual nature. Sexual assault is non-consensual physical contact through violence, coercion, or incapacitation. Assault is a criminal offense and should be reported to the police immediately.
• Don’t assume you’re the only victim: Many harassers target more than one person. By speaking up and exploring your legal options, you may protect others from similar misconduct and strengthen potential sexual harassment lawsuits.

If You Experience Sexual Assault or Violence

• Call 911 if you or someone else is being assaulted.
• Report the incident to the police.
• Get care from a healthcare provider.
• Contact a crisis hotline.
• Seek support from friends, family, and community agencies.

Contact Our New York Sexual Harassment Lawyers

Your right to a safe and respectful workplace is protected by law. If you’ve experienced sexual harassment, don’t hesitate to consult an experienced sexual harassment attorney who can help you understand your options and pursue justice.

From Brooklyn to the Bronx, we proudly serve clients throughout New York State and New Jersey. At Ottinger Employment Lawyers, we’ve successfully represented victims for over 20 years, securing meaningful compensation and holding employers accountable. Take the first step, and contact us today to discuss your case.

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