Yes, Under New York Law, You Can Often Sue the Individual Harasser Personally
Whether you can sue the individual who sexually harassed you depends on the law governing your case. While Title VII generally does not impose personal liability on supervisors or co-workers, the New York State and New York City Human Rights Laws often allow employees to sue individuals who personally participated in unlawful harassment or retaliation. Because the decision about whom to name as defendants affects every aspect of a case – from litigation strategy to settlement and trial – it should be made with the guidance of an experienced New York employment attorney.
One of the most important questions employees ask after experiencing workplace sexual harassment is whether they can hold the individual who committed the harassment personally accountable, rather than suing only the employer.
The answer is often yes, particularly under New York law.
Many employees assume that only their employer can be sued because the harassment occurred in the workplace. While employers are frequently liable for sexual harassment committed by supervisors, managers, owners, or co-workers, New York law often allows victims to bring claims directly against the individual harasser as well.
That distinction can have significant legal and practical consequences. Naming the individual who engaged in the unlawful conduct may increase accountability, preserve additional legal claims, strengthen settlement negotiations, and ensure that the person responsible is held personally answerable for his or her actions.
Whether an individual may be sued, however, depends on which laws apply, the individual’s role in the misconduct, and the specific facts of the case.
How Is Suing the Harasser Different From Suing My Employer?
Sexual harassment cases frequently involve two distinct questions.
The first is whether the employer is legally responsible for allowing the harassment to occur or for failing to prevent or stop it after learning about it. The second is whether the individual who actually engaged in the harassment can also be held personally liable.
These are separate issues.
An employer’s liability generally turns on factors such as the harasser’s position within the company, whether management knew or should have known about the misconduct, the employer’s response to complaints, and the applicable anti-discrimination statutes.
The individual’s liability, by contrast, focuses on the person’s own conduct. If the individual personally engaged in unlawful sexual harassment, New York law often permits that person to be named as a defendant alongside the employer.
Can I Sue the Harasser Personally Under Federal Law?
Usually not. Employees are often surprised to learn that the answer differs dramatically depending on whether the claim is brought under federal or New York law.
Under Title VII of the Civil Rights Act of 1964, courts have consistently held that supervisors, managers, and co-workers generally cannot be held personally liable for damages in their individual capacities. Instead, Title VII imposes liability on the employer as the covered entity.
This does not mean that the harasser escapes responsibility. The individual’s conduct may still establish the employer’s liability, and the employer may be required to pay significant damages if the harassment violated federal law. But as a general rule, Title VII itself does not create a separate damages claim against the individual employee.
Because of this limitation, experienced employment attorneys almost always evaluate whether state or local laws provide broader remedies.
Can I Sue the Harasser Personally Under New York Law?
Unlike federal law, the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) frequently permit claims against individuals who personally participate in unlawful discrimination or harassment.
As a result, a supervisor who repeatedly makes unwelcome sexual comments, a manager who demands sexual favors in exchange for workplace benefits, or another employee who creates or contributes to a hostile work environment may, depending on the facts and the applicable law, be named as an individual defendant in the lawsuit.
The availability of individual liability is one of the reasons New York’s anti-discrimination laws are often viewed as providing broader protections than federal law.
Because these statutes have been amended and interpreted over time, determining precisely who may be sued requires careful legal analysis. Factors such as the individual’s authority, participation in the misconduct, and relationship to the employer may all be relevant.
Can Owners, Managers, and Co-Workers Be Sued Personally?
Often, yes. Many people assume that only a supervisor can be personally liable for workplace harassment. That is not necessarily true.
Although supervisors and managers are the individuals most commonly named in sexual harassment lawsuits, New York law also permits claims against business owners, corporate officers, human resources personnel, and even co-workers who personally engage in unlawful harassment or knowingly participate in discriminatory conduct.
Similarly, individuals who assist, encourage, facilitate, or retaliate against an employee for reporting harassment may, under appropriate circumstances, face personal liability under New York’s anti-discrimination laws.
Determining who should be named as a defendant requires more than identifying the person who made inappropriate comments or advances. An experienced attorney will evaluate everyone who participated in, enabled, ignored, or unlawfully responded to the misconduct.
Why Would I Name the Harasser Personally?
For many clients, bringing a claim against the individual harasser is about more than money.
Employees often tell us that they want the person responsible to answer publicly for what occurred. They want accountability. They want to prevent similar conduct from happening to others. And they want the legal system to recognize that the harm they suffered was caused by a real person – not simply by a corporate entity.
Naming an individual defendant can also affect the dynamics of litigation. Individual defendants may be required to respond to written discovery, produce documents, testify under oath at depositions, and appear at trial. Their personal involvement in the litigation often creates additional pressure to resolve the case appropriately.
Every case is different, however, and there are circumstances in which naming an individual defendant may present strategic considerations that should be carefully evaluated before the lawsuit is filed.
What If the Harasser Has Left the Company?
Another common misconception is that a sexual harassment claim disappears if the individual harasser resigns, retires, or is fired before a lawsuit is filed.
That is generally not the case.
An employer’s legal responsibility depends on what occurred while the harasser was employed and on the employer’s own conduct before, during, and after the harassment. A company cannot avoid liability simply because the individual wrongdoer is no longer employed there.
Likewise, the individual’s departure from the company does not necessarily prevent that person from being named as a defendant if the applicable law otherwise permits personal liability.
Can I Sue Both the Employer and the Individual?
In many New York sexual harassment cases, the answer is yes.
Indeed, lawsuits frequently include both the employer and one or more individual defendants. Doing so allows the court to consider the employer’s responsibility for maintaining a lawful workplace while simultaneously addressing the conduct of the individual who allegedly engaged in the harassment.
This approach often provides the most complete picture of what occurred and may preserve the broadest range of legal remedies available under New York law.
Whether both should be named in a particular case is ultimately a strategic decision that depends on the available evidence, the applicable statutes, the litigation objectives, and the circumstances surrounding the harassment.
Can I Sue a Manager Personally for Retaliation?
It may be possible under New York law. The question of individual liability becomes even more important when retaliation follows a complaint of sexual harassment.
Employees who report harassment sometimes experience termination, demotion, disciplinary action, reduced hours, undesirable assignments, exclusion from meetings, or other forms of adverse treatment. In some cases, the same supervisor who engaged in the harassment also participates in the retaliation. In others, additional managers or decision-makers become involved after the complaint is made.
New York law may permit claims against individuals who personally participate in unlawful retaliation, just as it may permit claims against individuals who personally engage in unlawful harassment. As a result, identifying every person who played a role in the employer’s response is often just as important as identifying the original harasser.
Should Everyone Involved Be Named as a Defendant?
Although New York law often permits claims against individual harassers, that does not mean every employee connected with the events should automatically be named in a lawsuit.
Courts carefully examine the role each person played, the legal theory asserted against that individual, and whether the evidence supports personal liability under the applicable statute. Naming unnecessary defendants can complicate litigation, increase costs, and distract attention from the strongest claims.
Experienced employment attorneys therefore evaluate potential defendants individually, ensuring that every person named in the complaint is supported by both the facts and the law.
When Should I Decide Whom to Name in My Lawsuit?
One of the earliest decisions in a sexual harassment case is determining who should be named as defendants. That decision affects the legal theories available, the evidence that will be gathered, the strategy for discovery, and the potential avenues for settlement or trial.
Waiting too long can create additional complications. Witnesses leave employment, documents disappear, electronic evidence may be lost, and filing deadlines continue to run regardless of whether the employee has decided whom to sue.
An experienced employment attorney can evaluate the applicable federal, state, and local laws, determine whether individual liability is available, identify every potentially responsible party, and develop a litigation strategy designed to maximize both accountability and recovery.
Speak With a New York Sexual Harassment Lawyer About Suing the Harasser Personally
If you have been sexually harassed at work, you may have legal claims not only against your employer but also against the individual who engaged in the unlawful conduct. Whether those claims are available depends on the facts of your case and the laws under which the lawsuit is brought.
At The Howley Law Firm, P.C., we represent employees throughout New York in sexual harassment, hostile work environment, retaliation, and workplace discrimination cases. We carefully analyze every matter to determine who may be legally responsible, identify the strongest available claims, and develop a litigation strategy tailored to our client’s objectives.
If you believe you have been subjected to workplace sexual harassment, contact The Howley Law Firm today for a confidential consultation. We can explain your rights, evaluate your potential claims against both the employer and the individual wrongdoer, and help you pursue the accountability and compensation you deserve.
Call (212) 601-2728. That first call is free. We take most cases on contingency and advance the costs, so you pay no fee unless there is a recovery.
