New York Workplace Sexual Harassment Attorney

Experiencing Sexual Harassment in Your Workplace?

Don't let it go unchallenged. At Horn Wright, LLP, we are committed to protecting your rights and holding your employer accountable. Sexual harassment is a serious issue that can have devastating consequences. Whether you've faced unwelcome advances, offensive comments, or discriminatory treatment, our New York workplace sexual harassment attorneys are here to help. We understand the emotional toll this can take and are dedicated to providing compassionate and effective legal representation.

What is Sexual Harassment?

Sexual harassment is unwelcome conduct based on sex that either creates a hostile work environment or results in an adverse employment decision (e.g., being fired or demoted). Under federal law, sexual harassment is prohibited by Title VII of the Civil Rights Act of 1964.

New York law, under the New York State Human Rights Law (NYSHRL), provides broader protections, including covering all employers regardless of size, unlike federal law, which applies to employers with 15 or more employees. Both laws recognize two main types of sexual harassment: quid pro quo harassment and hostile work environment harassment.

Why Choose Horn Wright, LLP?

At Horn Wright, LLP, we have a proven track record of success in handling sexual harassment cases in New York. Our team of dedicated attorneys is committed to:

• Providing personalized legal representation: We understand that each case is unique and tailor our approach accordingly.
• Securing optimal results: Our goal is to achieve the best possible outcome for our clients.
• Offering free case evaluations: We believe that everyone deserves access to legal advice, regardless of their financial situation.

Don't let sexual harassment ruin your career. Contact Horn Wright, LLP today for a free consultation at (855) 465-4622 or by filling out an online form.

What Types of Sexual Harassment Are There?

Sexual harassment is generally classified into two categories: quid pro quo harassment and hostile work environment harassment. Quid pro quo harassment occurs when employment decisions, such as promotions or job retention, are based on an employee’s submission to sexual advances or conduct. 

A hostile work environment exists when the workplace is permeated with discriminatory intimidation, ridicule, or insult that is severe or pervasive enough to create a working environment that a reasonable person would find abusive. Under both New York law and Title VII, both types are prohibited, but New York law allows for more expansive definitions and remedies.

Are All Employees Protected from Sexual Harassment in New York?

New York law protects all employees from sexual harassment. The New York State Human Rights Law covers all employers, regardless of the number of employees. This is different from federal law, where Title VII only applies to employers with 15 or more employees. 

Independent contractors, subcontractors, vendors, and other non-employee workers in New York are also protected from harassment under the law. New York law also applies to all industries and types of workplaces, providing broad protections compared to federal law.

Is Same-Sex Harassment Considered Sexual Harassment?

Both New York and federal law recognize that sexual harassment can occur between individuals of the same sex. Even the U.S. Supreme Court has reiterated Title VII’s prohibition on sexual harassment applies regardless of the gender of the parties involved. 

New York State law follows this interpretation and offers the same protections to employees who are harassed by individuals of the same sex. The law focuses on the nature of the conduct rather than the gender of the individuals involved.

Can an Employer be Held Liable for Sexual Harassment Committed by Non-Employees?

Under New York law, employers can be held liable for sexual harassment committed by non-employees, such as clients, vendors, or independent contractors, if the employer knew or should have known about the harassment and failed to take appropriate action. 

Under federal law, employers may also be liable in some cases if they are aware of the harassment by non-employees and do not take steps to prevent or address it. In both jurisdictions, employers are required to maintain a workplace free from harassment, regardless of the source.

What Should I Do if I Experience Sexual Harassment at Work?

If you experience sexual harassment at work, the first step is often to report the conduct to your employer, if possible, by following your company's internal complaint procedures. In New York, employers are required to have sexual harassment policies and complaint procedures in place. Documenting the harassment, including dates, times, and descriptions of the behavior, can also be helpful. If your employer fails to address the issue, or if you fear retaliation, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) under federal law or with the New York State Division of Human Rights (NYSDHR).

How Long Do I Have to File a Sexual Harassment Claim in New York?

New York generally provides three years from the date of the sexual harassment to file a complaint with the New York State Division of Human Rights (NYSDHR). If you’re pursuing a case under federal law, you typically have 180 days to file a charge with the Equal Employment Opportunity Commission (EEOC). This deadline can be extended up to 300 days if your state or local agency also enforces laws against workplace harassment. Consulting with an attorney is extremely important so you’re aware at the outset what deadlines apply in your case.

Can I File a Lawsuit if I Experience Retaliation for Reporting Sexual Harassment?

New York law and federal law protects employees from retaliation for reporting sexual harassment. Retaliation happens when an employer takes adverse action against an employee for making a complaint, participating in an investigation, or opposing harassment in the workplace. 

Under Title VII of the Civil Rights Act and the New York State Human Rights Law, retaliation is prohibited, and employees can file a lawsuit if they experience retaliatory actions such as termination, demotion, or other negative consequences. New York employers are prohibited from taking any retaliatory actions against employees who report sexual harassment.

What Types of Damages Can I Recover in a Sexual Harassment Lawsuit?

Employees who successfully prove sexual harassment are entitled to recover various types of damages. Under federal law (Title VII) and New York law, victims can recover compensatory damages for things like emotional distress, lost wages, and other losses suffered as a result of the harassment. Punitive damages can also be awarded in cases of malicious or reckless behavior by the employer. Employees can recover attorneys' fees, court costs, and interest on any damages awarded. There is no cap in New York on compensatory or punitive damages for sexual harassment claims under the New York State Human Rights Law.

Can I File a Claim if I Didn’t Report Harassment to My Employer?

In some cases you may still have legal grounds to file a sexual harassment claim even if you did not report the harassment to your employer. While both federal and New York law encourage employees to use internal complaint procedures, failure to report harassment is not always a bar to legal action. 

In New York, an employee’s right to sue can still be preserved even if the employer didn’t have an opportunity to address the complaint. Under federal law, the courts may consider whether the employer had notice of the harassment and the reasonableness of the employer’s efforts to address the issue.

What Policies Are Employers Required to Have to Prevent Sexual Harassment?

New York employers are required to implement and distribute a sexual harassment prevention policy that meets or exceeds the standards set by the New York State Human Rights Law. That policy must provide definitions of sexual harassment, examples of prohibited conduct, information about legal protections, and procedures for reporting complaints. 

Employers must provide annual training on sexual harassment prevention. There is no explicit requirement under federal law for employers to have a written policy, but maintaining a policy and providing training can help employers protect themselves from liability.

What Actions Do Employers Have to Take After a Sexual Harassment Complaint?

Employers are required to take prompt action when they receive a sexual harassment complaint. New York employers must investigate the complaint in a timely manner, provide protection against any types of retaliation, and take corrective action if harassment is found. Federal law similarly requires employers to take immediate steps to prevent and correct harassment. An employer’s failure to respond adequately to a harassment complaint can result in liability for the employer under both New York State Human Rights Law and Title VII of the Civil Rights Act.

Are Employers Required to Provide Sexual Harassment Training?

New York employers are required to provide annual sexual harassment prevention training to all employees. This training must meet the standards set by the New York State Human Rights Law and include information on the definition of harassment, examples of conduct that constitutes harassment, and employees' rights and responsibilities. Federal law does not mandate sexual harassment training, but many employers provide training as a best practice to reduce liability and create a safer workplace environment.

Can an Employer be Liable if They Didn’t Know About the Sexual Harassment?

Employers can still be held liable for sexual harassment even if they weren’t directly aware of the conduct. New York employers are responsible for preventing and addressing harassment, and they can be liable if they should have known about the harassment but failed to take action. Employers can be held liable under federal law if the harassment was committed by a supervisor or if the employer failed to provide reasonable avenues for employees to report the harassment.

How Can Employers Reduce Liability for Sexual Harassment?

The biggest way employers can reduce liability for sexual harassment is by implementing a comprehensive sexual harassment policy, providing annual training to all employees, and establishing procedures for reporting and addressing complaints. 

Employers should take all complaints seriously and conduct thorough investigations as soon as a complaint is made. They should also confirm that managers and supervisors are trained on how to handle complaints to further reduce the risk of liability. Both New York law and federal laws encourage proactive measures by employers to prevent harassment in the workplace.

What’s the Process for Filing a Sexual Harassment Claim with the EEOC?

To file a sexual harassment claim with the Equal Employment Opportunity Commission (EEOC), an employee must first file a charge of discrimination. The charge can be filed in person, by mail, or online. After filing, the EEOC may investigate the claim, mediate the dispute, or issue a “right to sue” letter, allowing the employee to file a lawsuit in federal court. The employee must file the charge within 180 days of the harassment (or 300 days if state or local laws also apply). 

If the EEOC finds merit in the claim, it may attempt to resolve the issue through conciliation, or it may file a lawsuit on the employee's behalf. If the EEOC does not pursue the claim, the employee can proceed with their own lawsuit once they receive the "right to sue" letter. The federal process involves specific deadlines and procedures, so employees should carefully follow these to preserve their right to sue.

How Do I File a Sexual Harassment Claim with the New York State Division of Human Rights (NYSDHR)?

To file a sexual harassment claim with the New York State Division of Human Rights (NYSDHR), an employee can submit a complaint online, by mail, or in person. The complaint must be filed within three years of the date of the harassment. Once filed, the NYSDHR will investigate the claim, which may involve collecting evidence, interviewing witnesses, and holding hearings. If the NYSDHR finds that unlawful harassment occurred, it can order remedies, including back pay, compensatory damages, and changes to workplace policies. Employees can also choose to file a lawsuit in state court instead of filing with the NYSDHR. Importantly, filing with the NYSDHR preserves the employee’s right to pursue additional legal action.

What Evidence Do You Need to Support a Sexual Harassment Claim?

An employee should provide evidence that the harassment occurred and that it was based on their gender or sex. Key pieces of evidence can include emails, text messages, or other communications that show inappropriate conduct, as well as witness statements from co-workers who observed the harassment. 

Documentation of any internal complaints or reports to supervisors can also be critical. If the harassment caused employment harm, such as demotion or termination, evidence of these adverse actions will support the claim. New York and federal law require the employee to show that the harassment subjected “an individual to inferior terms, conditions or privileges of employment because of the individual’s membership in one or more [] protected categories.” 

What if My Employer Retaliates After I File a Sexual Harassment Claim?

If your employer retaliates after you file a sexual harassment claim, you could have grounds to file a separate claim for retaliation under both New York and federal law. Retaliation includes actions such as firing, demoting, or disciplining an employee for reporting harassment or participating in an investigation. 

The Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights (NYSDHR) both recognize retaliation as unlawful. Employees who experience retaliation can seek remedies such as reinstatement, back pay, and compensation for emotional distress. Filing claim can be done through the same channels as the original sexual harassment complaint, either with the EEOC or the NYSDHR. Retaliation is considered a separate violation of both Title VII and the New York State Human Rights Law, and employees are entitled to protection from adverse actions taken because of their complaints.

What’s the Timeline for Resolving a Sexual Harassment Claim?

The timeline for resolving a sexual harassment claim will vary depending on several factors. The first is whether the claim is filed through an agency like the EEOC or NYSDHR, or in court. For EEOC claims, the initial investigation could take several months, after which the agency may try to mediate or resolve the dispute. 

If the EEOC issues a “right to sue” letter, an employee has 90 days to file a lawsuit in federal court. For cases handled by the NYSDHR, the investigation process typically takes up to a year, followed by hearings and possible remedies. If the case proceeds to litigation, it can take additional months or years to reach a resolution through the courts.

Get Help Holding Your Employer Accountable

Sexual harassment is a serious issue that should never be tolerated. If you're experiencing sexual harassment in your New York workplace, don't hesitate to seek legal help. At Horn Wright, LLP, our experienced attorneys are dedicated to protecting your rights and holding your employer accountable. We understand the emotional toll this can take and are committed to providing compassionate and effective legal representation.

Contact us today for a free consultation at (855) 465-4622 or by filling out our online form.