Sexual harassment in New York encompasses a broad range of unwelcome conduct that creates a hostile work environment or results in adverse employment actions.
It obviously includes overtly sexual conduct such as sexist comments, sexual assault, and requiring you to go on a date or engage in sexual activity to keep your job. It also includes harassment that is directed at you because of your sex, gender identity, or sexual orientation.
Much of the information on the internet is confusing because there are very different standards under New York City, New York State, and federal laws. While federal law sets a baseline standard, New York State and New York City laws provide you with significantly more protection and make it easier to prove a sexual harassment claim.
What Are the Two Types of Sexual Harassment in New York?
Under New York law, sexual harassment generally falls into two categories:
What Is Quid Pro Quo Harassment?
This occurs when employment decisions – such as hiring, firing, promotions, raises, or assignments – are based on an employee’s submission to or rejection of unwelcome sexual advances or conduct. For example, a supervisor who demands sexual favors in exchange for a promotion or threatens to fire an employee who refuses a date has engaged in quid pro quo harassment. This form is among the clearest violations and typically results in automatic employer liability.
What Is Hostile Work Environment Harassment?
This occurs when unwelcome sexual conduct or sex-based harassment creates an abusive, intimidating, or offensive work environment. Unlike quid pro quo, hostile work environment harassment doesn’t require a tangible employment action. Examples include:
- Unwanted touching, hugging, kissing, or physical assault
- Sexual comments, jokes, or slurs
- Displaying sexually explicit images, posters, or cartoons
- Repeated requests for dates despite refusal
- Lewd gestures, staring, or following an employee
- Making sexual comments about clothing, appearance, or body
- Inappropriate sexual email, text messages, or social media posts
- Asking about an employee’s sexual history or orientation
- Spreading sexual rumors or gossip
One of the largest jury verdicts in a sexual harassment case involved a manager who made inappropriate, lewd comments and who touched the employee without her consent. The employee asked to change jobs within company, but the manager refused her request and the more senior executives at the company did not respond to her complaints.
Physical touching (gropes, breast touching) is more serious than verbal harassment alone and may result in a higher damages award, but both forms of harassment are illegal.
Other factors that are considered include the frequency of the offensive conduct, whether it is part of a pattern of ongoing harassment, whether the employer knew about the harassment, and whether the employer failed to take appropriate action in response to complaints.
Under New York law, plaintiffs do not need to prove conduct was “severe or pervasive.” A single incident can be sufficient if it unreasonably interferes with work or creates an intimidating environment. Courts are particularly sympathetic to cases involving physical sexual contact, repeated unwanted advances despite objections, and employers who fail to act on complaints.
How Do New York’s Standards Differ From Federal Law?
New York imposes lower thresholds than federal law for proving sexual harassment:
| Aspect | Federal Title VII Standard | New York State Standard | New York City Standard |
| Severity/Pervasiveness | Must be “severe or pervasive” | No “severe or pervasive” requirement | No “severe or pervasive” requirement |
| Comparison Standard | Reasonable person | Reasonable victim standard | Only show discriminatory treatment based on gender |
| Employer Size | 15+ employees | All employers (no minimum) | All employers (even 1 employee) |
| Individual Liability | Generally no | Yes – supervisors can be personally liable | Yes – individual liability allowed |
Under the New York City Human Rights Law (NYCHRL), plaintiffs need only show that they were treated less well than others because of their sex or gender. The conduct does not need to be “severe or pervasive.” Even one incident can constitute sexual harassment if it unreasonably interferes with work or creates an intimidating, hostile, or offensive environment.
What Makes Conduct “Unwelcome”?
Conduct is considered unwelcome when the victim did not solicit it and regarded it as undesirable or offensive. The central question is whether the victim found the conduct unwelcome, not whether the harasser intended it as harassment. If an employee makes it clear that advances are unwanted, continuing the behavior becomes harassment.
Who Is Protected From Sexual Harassment Under New York Law?
New York law prohibits sexual harassment based on:
- Sex (male or female)
- Gender identity or expression (including transgender individuals)
- Sexual orientation (LGBTQ+ individuals)
- Pregnancy or postpartum status
- Gender stereotypes (conduct based on assumptions about how men or women should act)
This broad protection means that same-sex harassment, harassment of men by women (or vice versa), and harassment targeting someone for not conforming to gender norms are all actionable.
Who Can Harass You?
Any person in the workplace can engage in sexual harassment, including:
- Supervisors (highest employer liability). Under the New York City Human Rights Law, employers are strictly liable for sexual harassment by any employee who exercises managerial or supervisory responsibility. Under the New York State Human Rights Law, employers are liable if they knew or should have known about the supervisor’s harassment and failed to take corrective action. Both laws define a supervisor broadly as someone who has authority to direct and control the victim’s work performance, and take corrective action regarding violations. This includes low-level supervisors such as shift leads and team supervisors.
- Co-workers or Subordinates (employer liable if they knew or should have known and failed to act). Under New York State and New York City laws, an employer is liable for sexual harassment by a co-worker (someone who is not a supervisor) only if the employer was negligent. This means that you must prove that the employer knew or should have known about the harassment and failed to take prompt and appropriate corrective action. The employer had actual knowledge if: you reported the harassment to HR, a manager, supervisor, or through company complaint procedures; the harassing co-worker confessed or admitted the conduct; or another employee reported it to management. The employer had constructive knowledge if: the harassment was so obvious that management witnessed it but ignored it; the harassment was open and pervasive (e.g., frequent sexual comments in common areas, explicit posters); or there were multiple complaints from other employees about the same co-worker.
- Non-employees (clients, customers, vendors, contractors) – employer must take prompt corrective action if aware. Under New York State (NYSHRL) and New York City (NYCHRL) laws, an employer is liable for sexual harassment by a non-employee (e.g., client, customer, vendor, contractor, consultant, or patient) if the employer knew or should have known about the harassment and failed to take immediate and appropriate corrective action. This is a negligence-based standard, identical to the standard for co-worker harassment. The employer is not automatically liable for non-employee conduct.
Employers are strictly liable for supervisor harassment that results in a tangible employment action. For hostile work environment harassment by supervisors, employers may have an affirmative defense if they can show they had a reasonable anti-harassment policy and the employee unreasonably failed to use it.
What Counts as “Immediate and Appropriate Corrective Action”?
Once the employer knows about sexual harassment in the workplace – whether because you filed a formal complaint or otherwise – it must take immediate and appropriate action. This means that the employer must conduct a prompt investigation into the facts, protect the victim during the course of the investigation (reassigned, changed schedule, provided security), intervene directly with the alleged harasser and take appropriate action which may range from telling them to stop or taking disciplinary action depending on the severity of the harassment, follow up to ensure the harassment stopped, and terminate the employment or business relationship with a repeat offender.
What Does NOT Count as Sexual Harassment?
Not every uncomfortable interaction is illegal harassment. Conduct that is isolated, minor, or not sexual in nature generally does not qualify. Examples that typically fall outside sexual harassment:
- Occasional compliments about appearance (not sexually explicit)
- One-off inappropriate jokes not directed at someone
- Non-sexual personality conflicts
- Strictly professional interactions that are no one’s cup of tea
For example, a sexual harassment claim was dismissed where a male co-worker made a single comment to the plaintiff: “I love your legs, you have beautiful legs.” The plaintiff felt uncomfortable and claimed the comment was unwelcome, but there were no further sexual advances, comments, touching, or threats, and the offender never made similar comments to other employees in the plaintiff’s presence.
Another case was dismissed where a male attorney touched the plaintiff’s arm once while speaking to her and made an occasional comment like “You look nice today.” No sexual advances were made; no demands for dates or sexual favors; and the plaintiff did not report the conduct to management at the time.
Another case was dismissed a male supervisor made occasional comments about the plaintiff’s weight and appearance, such as “You’ve lost weight; you look good.” He also made one comment in Spanish that roughly translated to “You are very sexy today.” But there was no physical touching; no sexual demands; no repeated advances; and the plaintiff did not report the conduct until months after it occurred.
What constitutes harassment depends on the totality of circumstances, including frequency, severity, whether conduct was physically threatening or humiliating, and whether it unreasonably interfered with work performance.
Does It Matter Whether I Reported the Harassment at the Time?
One of the most important factors is whether the conduct was reported to human resources or a manager at the company at the time it happened. If you report conduct to human resources or a manager, it tends to show that the conduct was offensive. If, however, you do not mention the harassment until you get an unfavorable performance review or are denied a promotion, judges will think that it was not really very offensive at the time it happened.
What Should I Do If I Am Being Sexually Harassed in New York?
If you believe you’ve been sexually harassed in New York:
- Tell the harasser that the conduct is unwelcome (if safe to do so)
- Document everything: dates, times, locations, what happened, witnesses
- Report in writing to the employer following your employer’s anti-harassment policy. If there is no policy or if you are uncertain, make a written report to human resources or a manager and keep a copy.
- Consult an experienced sexual harassment attorney to evaluate your claim and deadlines
Bottom Line
In New York, sexual harassment includes any unwelcome sexual conduct that creates a hostile work environment or results in adverse employment decisions. Thanks to robust state and city laws, New York employees enjoy broader protection than anywhere else in the nation – no need to prove conduct was “severe or pervasive,” coverage regardless of employer size, and the ability to sue even for single incidents that treat you less well because of your gender. If you’ve experienced unwanted sexual advances, comments, or physical contact at work, you may have a valid claim under New York law.
Do not wait. Your claims are subject to strict deadlines or statutes of limitations. Most of all, do not try to handle this on your own. Call our office at 212-601-2728 to schedule a free and confidential consultation. If you have a viable case, we will represent you on a contingency fee basis. You will not owe us any fees unless we win.
