Sexual Harassment in the Workplace
Clear Guidance and Dedicated Advocacy Under New York’s Strong Harassment Laws
Sexual harassment is unlawful under federal law, New York State Human Rights Law, and New York City Human Rights Law. New York’s standards are especially protective. Employees do not need to endure severe or pervasive behavior before they can bring a claim. Conduct that “subjects an individual to inferior terms, conditions, or privileges of employment” is often enough.
My role is to listen, understand the full context, analyze the evidence, and guide you through the legal options available. Because I maintain a limited caseload, I can devote close, careful attention to the details that determine the strength of a harassment case.
What Qualifies as Sexual Harassment?
Sexual harassment generally falls into two categories:
1. Hostile Work Environment
Unwelcome conduct of a sexual nature that makes the work environment intimidating, abusive, or offensive. Examples include:- Unwanted comments, jokes, or remarks of a sexual nature
- Sexual advances or requests
- Lewd messages or images
- Inappropriate touching
- Persistent or targeted sexualized behavior
- Behavior tolerated or ignored by management
2. Quid Pro Quo Harassment
When a supervisor or person in authority conditions a benefit, such as continued employment, promotions, raises, or favorable shifts, on sexual favors or compliance with inappropriate behavior. It also includes threats or negative actions if the employee refuses.Both forms of harassment are unlawful, and both allow employees to pursue legal remedies.
Retaliation After Reporting Harassment
Retaliation is a separate violation of the law. If you reported harassment and were met with termination, demotion, reduced hours, isolation, discipline, or other negative treatment, that may significantly strengthen your case. Many harassment cases include both the underlying misconduct and the retaliation that followed.
How I Evaluate Sexual Harassment Cases
Sexual harassment cases require careful attention to context and detail. I examine:
- The timeline of events
- Emails, texts, messages, or photographs
- Performance reviews or disciplinary actions
- Witness statements, when available
- Internal complaints or reports to HR
- How the employer responded to your concerns
- Whether retaliation followed your complaint
New York’s Legal Protections Are Broad
New York State and New York City both apply more employee-friendly standards than federal courts. For example:
- The conduct does not need to be severe or pervasive.
- The focus is whether the employee was treated less well than others because of gender or related characteristics.
- The employer often bears the burden of showing that the conduct was nothing more than petty slights or trivial inconveniences.
- Employer liability is broader for misconduct by supervisors and managers.
Potential Remedies
Depending on the circumstances, employees may seek:
- Back pay
- Front pay
- Compensatory damages
- Emotional distress damages
- Punitive damages (in appropriate cases)
- Attorneys’ fees and costs
- Injunctive or policy-related relief in certain situations