If you have experienced sexual harassment at work in New York, you may be entitled to recover substantial financial compensation and other legal remedies. Depending on the facts of your case, you may recover lost wages, emotional distress damages, punitive damages, attorney’s fees, and compensation for retaliation. The damages available will depend on the nature of the harassment, the harm you suffered, the evidence supporting your claims, and whether your case is brought under New York State, New York City, or federal law.
Sexual harassment lawsuits are designed not only to compensate you for the harm you have suffered, but also to hold employers accountable and deter future misconduct in the workplace. New York law provides some of the strongest protections for employees in the country and, in many respects, offers broader remedies than federal law.
What Types of Damages Can I Recover in a New York Sexual Harassment Lawsuit?
Depending on the circumstances of your case, you may be entitled to recover:
- Lost wages and employment benefits
- Front pay for future lost earnings
- Emotional distress damages
- Punitive damages
- Attorney’s fees and litigation costs
- Damages for retaliation
- Reinstatement or other equitable relief
The categories of damages available vary from case to case, and many successful plaintiffs recover more than one type of compensation.
Can I Recover Lost Wages and Employment Benefits?
Yes. One of the most common forms of compensation in a sexual harassment lawsuit is recovery of lost income, often referred to as economic damages.
What Is Back Pay?
If you were fired, demoted, denied promotions, had your hours reduced, or were otherwise deprived of compensation because of sexual harassment or retaliation, you may recover the wages and benefits you have already lost. This is commonly known as back pay.
What Is Front Pay?
If returning to your former position is not practical or appropriate, the court may award front pay, which compensates you for future lost earnings that result from the employer’s unlawful conduct.
What Employment Benefits Can Be Recovered?
Economic damages may include compensation for:
- Salary
- Bonuses
- Commissions
- Retirement contributions
- Health insurance benefits
- Other employment-related benefits and compensation you would likely have received absent the unlawful conduct
In some cases, a court may order reinstatement to your former position. However, many employees prefer financial compensation instead of returning to the workplace where the harassment occurred.
Can I Recover Damages for Emotional Distress?
Yes. Emotional distress damages are often one of the largest components of a sexual harassment lawsuit.
Sexual harassment can have profound psychological effects, including:
- Anxiety
- Depression
- Humiliation
- Embarrassment
- Panic attacks
- Insomnia
- Damage to personal relationships
- Loss of self-confidence
Unlike lost wages, emotional distress damages cannot be calculated with mathematical precision. Instead, juries and courts evaluate the nature, severity, and duration of the emotional harm suffered by the victim.
How Are Emotional Distress Damages Proven?
Emotional distress may be established through testimony from:
- The employee
- Treating physicians
- Therapists
- Psychologists
- Counselors
- Social workers
- Family members
- Friends
- Co-workers
The stronger the evidence documenting your emotional suffering, the greater the potential recovery.
Should I Seek Counseling After Workplace Sexual Harassment?
If you have experienced emotional trauma resulting from sexual harassment, we strongly recommend consulting with a qualified mental health professional, such as a therapist, psychologist, counselor, or licensed clinical social worker.
Seeking professional treatment serves two important purposes. First, it helps you recover emotionally and provides support while you navigate an extremely difficult experience. Second, treatment records can become powerful evidence demonstrating the emotional impact of the harassment, which may significantly strengthen your claim for emotional distress damages during settlement negotiations or at trial.
Can I Recover Punitive Damages?
Possibly.
Punitive damages are intended to punish particularly egregious misconduct and discourage similar behavior in the future. Unlike compensatory damages, which reimburse victims for their losses, punitive damages are designed to punish employers whose conduct demonstrates intentional wrongdoing, malice, or reckless disregard for employees’ rights.
When Are Punitive Damages Available?
Although punitive damages are not awarded in every case, they may be available when an employer:
- Knowingly tolerated serious sexual harassment
- Ignored repeated complaints
- Retaliated against employees who reported misconduct
- Engaged in intentional or malicious wrongdoing
Punitive damages can substantially increase the value of a sexual harassment lawsuit.
New York City law has become increasingly favorable toward awarding punitive damages in appropriate harassment cases.
Can I Recover Attorney’s Fees?
Yes. Attorney’s fees and litigation costs may be recoverable under New York State, New York City, and federal anti-discrimination laws.
This is an important protection because it allows employees to pursue meritorious claims even when they could not otherwise afford lengthy litigation.
At The Howley Law Firm, we represent sexual harassment clients on a contingency fee basis, meaning our legal fees are paid only if we successfully recover compensation through settlement or judgment.
Can I Recover Damages for Retaliation?
Yes. Retaliation often occurs after an employee reports sexual harassment internally or files a complaint with a government agency.
It is illegal for an employer to retaliate against an employee for opposing sexual harassment or participating in an investigation.
What Is Retaliation?
Retaliation may include:
- Termination
- Demotion
- Reduction in hours
- Discipline
- Unfavorable assignments
- Isolation from co-workers
- Denial of promotions
- Other adverse employment actions
In many cases, retaliation claims become even stronger than the underlying sexual harassment claims and may support additional damages.
Can I Recover Damages If I Still Work for My Employer?
Yes. Many employees mistakenly believe they must quit or be fired before bringing a sexual harassment claim. That is not true.
Employees who continue working may still recover damages for:
- Emotional distress
- A hostile work environment
- Damage to their professional reputation
- Career setbacks
- Other harm caused by unlawful workplace harassment
Remaining employed does not prevent you from seeking compensation under New York law.
How Does New York Law Provide Greater Protection Than Federal Law?
New York law provides broader protections for employees than federal law in several important respects.
New York Law Covers Employers of Every Size
Federal anti-discrimination laws generally apply only to employers with 15 or more employees.
By contrast, New York State law protects employees from workplace sexual harassment regardless of the size of the employer.
You No Longer Need to Prove “Severe or Pervasive” Harassment
Federal law generally requires employees to prove that harassment was sufficiently “severe or pervasive.”
New York law no longer imposes that requirement.
As a result, employees may recover damages for workplace conduct that violates New York law even if the same conduct might not satisfy the federal legal standard.
How Much Is a Sexual Harassment Lawsuit Worth?
Every case is different.
Some cases settle for relatively modest amounts, while others result in substantial settlements or jury verdicts.
What Factors Affect the Value of a Sexual Harassment Case?
Important factors include:
- The severity of the harassment
- The length of time the harassment continued
- Whether retaliation occurred
- The amount of lost income
- The severity of the emotional distress
- The strength of the available evidence
- The employer’s response to complaints
- Whether punitive damages may be available
An experienced attorney can evaluate these factors and provide an informed assessment of your case.
What Evidence Can Help Maximize My Recovery?
Strong documentation often makes a significant difference in the outcome of a sexual harassment lawsuit.
Important evidence may include:
- Emails
- Text messages
- Audio recordings
- Photographs
- Human Resources complaints
- Internal investigation documents
- Witness names and contact information
- Personal notes documenting incidents
- Performance evaluations
- Medical records
- Therapy or counseling records
Preserving this evidence as early as possible can substantially strengthen your claim.
How Long Do I Have to File a Sexual Harassment Claim in New York?
Sexual harassment claims are subject to strict filing deadlines known as statutes of limitations. Depending on your circumstances, you may need to file your claims with a government agency or in court within a specified period of time. Waiting too long can permanently bar your ability to recover compensation.
Because these deadlines vary depending on the laws involved and the facts of your case, you should consult an experienced attorney as soon as possible.
Speak With a New York Sexual Harassment Lawyer About the Damages in Your Case
If you have experienced workplace sexual harassment, you may be entitled to substantial compensation for your financial losses, emotional suffering, retaliation, attorney’s fees, punitive damages, and other harm caused by unlawful conduct.
Every case is unique. An experienced New York sexual harassment attorney can evaluate your claims, explain the damages that may be available, help preserve critical evidence, and pursue the maximum recovery permitted under the law.
If you believe you have been subjected to sexual harassment or retaliation in the workplace, contact The Howley Law Firm to schedule a confidential consultation and learn about your legal rights.
John Howley spent nearly two decades at Kaye Scholer LLP defending companies such as GlaxoSmithKline, Sony and Citibank, and we now stand on the employee’s side against companies like them.
Call us at (212) 601-2728 to schedule a free consultation.
