Yes – New York State and City Law Cover Employers of Every Size, Even When Federal Law Does Not
Employees who work for a small business in New York and are experiencing sexual harassment often wonder whether the size of their company affects their legal rights. The short answer is yes – you can still sue your employer for sexual harassment in New York even if the business has fewer than 15 employees. However, the laws that apply, and the legal strategy available, can differ depending on the employer’s size.
Many employees at small businesses ask a version of the same question:
“Does it matter that my employer is too small to be sued under federal law?”
In New York, generally, no. While federal law does carve out an exception for the smallest employers, New York State and City law were designed specifically to close that gap. Understanding how these different layers of protection interact is an important part of evaluating a potential claim against a small employer.
Why Does Employer Size Matter Under Federal Law?
Under federal law, sexual harassment is prohibited by Title VII of the Civil Rights Act of 1964, which applies only to employers with 15 or more employees. This means that if an employer has fewer than 15 employees, an employee generally cannot bring a sexual harassment claim under federal law at all.
As a result, employees of small businesses are often unable to rely on Title VII protections. That does not mean, however, that they are without legal recourse – New York law fills this gap.
Does New York State Law Cover Small Employers?
Yes. The New York State Human Rights Law (NYSHRL) provides significantly broader protection than federal law. Importantly, it applies to all employers in New York, regardless of size, including those with fewer than 15 employees.
This means that even an employee at a very small business – a family-owned company or an early-stage startup, for example – remains fully protected against sexual harassment under state law.
New York has also made its harassment laws considerably more employee-friendly in recent years. Unlike under federal law, an employee does not need to prove that the harassment was “severe or pervasive.” Instead, the employee must show that they were subjected to inferior terms, conditions, or privileges of employment because of their sex or another protected characteristic.
Does New York City Law Cover Small Employers?
For sexual harassment claims, yes. Employees who work in New York City benefit from the New York City Human Rights Law (NYCHRL), which provides even stronger protections. Like state law, it applies to employers of every size and is interpreted liberally in favor of employees.
The NYCHRL is often considered one of the most protective anti-discrimination laws in the country, and it allows claims to proceed even in situations where federal law might not recognize a violation at all.
What Must I Show to Sue a Small Employer for Harassment?
Even though small employers are covered under state and city law, an employee still needs to establish the basic elements of a sexual harassment claim: that they were subjected to unwelcome conduct based on sex, that the conduct affected the terms or conditions of their employment, and that there is a basis for holding the employer responsible.
The type of harassment involved matters for that last element. When the harasser is a supervisor, employers are often held strictly liable under New York law. When the harasser is a co-worker, the employee generally must show that the employer knew or should have known about the harassment and failed to take appropriate action. Even in a small workplace, employers are required to maintain a harassment-free environment and respond appropriately to complaints.
How Do I File a Harassment Claim Against a Small Employer?
Employees who decide to pursue legal action against a small employer generally have several options under New York law.
These include filing a complaint with the New York State Division of Human Rights (NYSDHR) within three years of the harassment, filing a complaint with the New York City Commission on Human Rights (NYCCHR) where applicable, also generally within three years, or filing a lawsuit directly in state court under the NYSHRL or NYCHRL. Because federal law may not apply to small employers at all, many claims involving small businesses are brought under state or city law instead of – or in addition to – federal law.
What Damages Can I Recover From a Small Employer?
An employee who successfully proves a claim against a small employer may be entitled to a range of compensation.
This can include back pay and lost wages, compensation for emotional distress, punitive damages in appropriate cases, and attorney’s fees and costs. New York law does not impose the same damages caps that exist under federal law, which can be a significant advantage for employees pursuing claims against small employers under state or city law.
Can a Small Employer Retaliate If I Report Harassment?
Even in a small workplace, an employer cannot lawfully retaliate against an employee for reporting sexual harassment or participating in an investigation.
If retaliation occurs – such as termination, demotion, or reduced hours – the employee may have a separate legal claim in addition to the underlying harassment claim.
What Practical Challenges Arise in a Small-Workplace Case?
While the law clearly protects employees of small businesses, pursuing a claim in a small workplace can present unique practical challenges.
There may be fewer independent witnesses or less formal documentation than in a larger organization. The harasser may also be the business owner, which can complicate internal reporting. And internal complaint procedures may be informal or may not exist at all. Despite these challenges, the underlying legal protections remain strong, and courts recognize that smaller workplaces must still comply with anti-harassment laws just as larger employers do.
What Factors Affect a Claim Against a Small Employer?
Whether – and how strongly – an employee can pursue a claim against a small employer cannot be determined by looking at company size alone.
Instead, experienced sexual harassment attorneys evaluate numerous considerations, including whether the harasser was a supervisor or co-worker, what documentation and witness testimony exist despite the workplace’s small size, whether the employer had any internal complaint process, and which combination of state and city laws offers the strongest available protection given the facts.
Only after considering those factors can meaningful advice be given about the strength of a claim against a small employer.
Speak With a New York Sexual Harassment Lawyer About Claims Against a Small Employer
Yes, you can sue your employer for sexual harassment in New York even if the company has fewer than 15 employees. While federal law may not apply, New York State and City laws provide robust protections that cover employers of all sizes.
At The Howley Law Firm P.C., we represent employees throughout New York in sexual harassment, hostile work environment, retaliation, and workplace discrimination cases, including cases involving small businesses and family-owned companies. We help clients navigate the practical challenges of a small workplace while pursuing the full range of remedies available under state and city law.
If you believe you have been subjected to workplace sexual harassment, contact The Howley Law Firm today for a confidential consultation. The size of your employer does not diminish your right to a safe and respectful workplace – and New York law ensures that even small employers can be held accountable when they fail to meet that standard.
Call us at (212) 601-2728. The first conversation is free, and we take most cases on contingency, so you pay no fee unless there is a recovery.
