If you’ve been sexually harassed at work, you are not alone—and more importantly, you have legal rights and options for holding your employer and harasser accountable. Sexual harassment at work is prohibited under both federal and New York State laws, and employees are protected from retaliation when they report such misconduct.
This guide will help you understand what qualifies as workplace sexual harassment, how to recognize different types of claims, and the steps to take if you’ve been affected. Whether you’re still unsure about whether what you experienced is legally actionable, or you’re ready to file a formal complaint, this article breaks down the process clearly and thoroughly.
What Legally Qualifies as Sexual Harassment at Work?
Sexual harassment at work is defined as unwelcome sexual advances, requests for sexual favors, and Sexual harassment is a form of unlawful discrimination under both Title VII of the Civil Rights Act of 1964 (federal law) and the New York State Human Rights Law (NYSHRL). New York law is especially robust, offering broader protections than federal statutes.
Federal Definition
Under federal law, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. To qualify as unlawful, the conduct must be severe or pervasive enough to create a hostile work environment, or it must involve a tangible employment action (like firing or demotion) based on submission to or rejection of sexual advances.
New York State Definition
New York law goes further. Since 2019, victims do not have to prove that the harassment was “severe or pervasive.” Any unwanted conduct of a sexual nature that rises above petty slights or trivial inconveniences may constitute sexual harassment at work. The law also protects independent contractors, gig workers, and interns—not just traditional employees.
Quid Pro Quo vs. Hostile Work Environment: Understanding the Two Types of Claims
There are two primary types of sexual harassment recognized under the law:
1. Quid Pro Quo Sexual Harassment
“Quid pro quo” means “this for that.” This occurs when a person in a position of authority—such as a supervisor or manager—demands sexual favors in exchange for job benefits like promotions, raises, or continued employment. Examples include:
- A manager threatening to fire an employee unless they go on a date
- Promising career advancement in exchange for sexual favors
2. Hostile Work Environment
This type occurs when unwelcome sexual behavior creates an intimidating, offensive, or hostile work environment. The behavior may come from anyone in the workplace—co-workers, supervisors, or even clients.
Examples include:
- Repeated sexual jokes or comments
- Unwanted touching or physical contact
- Sharing sexually explicit images or messages
- Persistent unwelcome romantic advances
New York law does not require this behavior to be severe or pervasive—it simply needs to subject an individual to inferior terms, conditions, or privileges of employment due to their gender.
Examples of Inappropriate Conduct That May Constitute Sexual Harassment
Understanding what qualifies can be difficult, especially in workplaces where inappropriate behavior is normalized. Here are some common forms of conduct that may rise to the level of sexual harassment at work:
- Unwanted sexual advances, touching, or groping
- Inappropriate comments about your appearance or body
- Repeated, unwanted invitations for dates or sexual encounters
- Leering, suggestive gestures, or sexually explicit emails or messages
- Displaying pornography or sexually suggestive material
- Making employment decisions based on your acceptance or rejection of sexual conduct
Even a single incident may qualify under New York law, depending on the nature of the conduct and its impact on your work environment.
What to Do If You've Been Sexually Harassed at Work in New York
If you believe you’ve been sexually harassed at work, it’s critical to take the following steps to protect your rights and build a strong case.
1. Document the Harassment
Start by gathering and preserving evidence:
- Write down details of each incident (dates, times, what was said or done, witnesses)
- Save emails, texts, chat messages, and any other relevant communication
- Take screenshots if harassment occurs on digital platforms
Keeping a clear record will support your claims and help establish a timeline.
2. Review Your Company’s Sexual Harassment Policy
Most employers are legally required to have a written policy and complaint procedure under New York law. Review your employee handbook or HR portal for guidance on how to report harassment internally.
3. Report the Harassment Internally
File a formal complaint with your supervisor, human resources department, or designated harassment officer as outlined in the company policy. Even if the harasser is your supervisor, report the incident to another manager or HR representative.
Employers are required to investigate complaints promptly and take appropriate corrective action. If they fail to do so, they may be held liable.
4. File a Formal Complaint with a Government Agency
If your employer fails to take your complaint seriously—or if you wish to bypass internal reporting—you have the right to file a legal complaint with one or more of the following agencies:
EEOC (Equal Employment Opportunity Commission)
- Covers federal law claims
- Must file within 300 days of the last incident
- Can result in mediation, investigation, or a “right to sue” letter
Visit: www.eeoc.gov
New York State Division of Human Rights (NYSDHR)
- Enforces New York State Human Rights Law
- Must file within three years of the last incident (extended in 2020)
- Offers investigations, public hearings, and remedies
Visit: www.dhr.ny.gov
You may file with both agencies simultaneously under a “dual filing” arrangement.
5. Speak With an Experienced Sexual Harassment Lawyer
Before or after filing your complaint, consult a workplace harassment attorney. An experienced lawyer can help you understand your options, negotiate settlements, or represent you in court.
Your Rights and Your Employer’s Obligations
Under New York law:
- You have the right to a workplace free from sexual harassment.
- Your employer must take steps to prevent and address harassment.
- You are protected from retaliation if you report misconduct in good faith.
Retaliation—including demotion, firing, or negative performance reviews—after filing a complaint is illegal and can lead to additional claims.
How The Howley Law Firm Can Help
If you’ve been sexually harassed at work in New York, The Howley Law Firm offers the experience, compassion, and legal strength you need to take action. With decades of experience in workplace harassment and employment law, our team fights for justice on behalf of employees across the state. We understand the emotional and professional toll harassment takes—and we’re committed to helping you reclaim your power, dignity, and future. Whether you need help filing a complaint or taking your case to court, we’re here to support you every step of the way.
Contact The Howley Law Firm for Confidential Legal Support
You don’t have to face workplace harassment alone. If you’ve been sexually harassed at work, contact us here at The Howley Law Firm in New York today for confidential legal advice and representation. We’ll help you understand your rights, evaluate your legal options, and fight for the justice and compensation you deserve.
Call us now at (212) 601-2728 or schedule a private consultation online. Your voice matters—and your rights are worth defending.
FAQs
In many cases, you are expected to report the harassment internally before going to a government agency. However, if your employer fails to act or retaliates against you, you can escalate your complaint to the EEOC or New York State Division of Human Rights.
You have 300 days to file with the EEOC and 3 years to file with the New York State Division of Human Rights. It’s best to act as soon as possible to preserve evidence and witness credibility.
No. Retaliation for reporting sexual harassment is illegal under both federal and New York State law. If your employer punishes you for speaking up, you may have a separate legal claim for retaliation.
While physical evidence (like texts, emails, or photos) helps, it’s not required. Your testimony, along with any witness statements and documentation of the incidents, can be enough to support your claim.
