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Discrimination & civil rights · Situation

Sexual harassment at work in New York: what counts, what your employer must do, and how to act

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

New York's Human Rights Law makes harassment at work illegal when it treats you worse because of your sex, sexual orientation, gender identity or expression, or another protected characteristic — and it does not have to be "severe or pervasive" (Executive Law § 296(1)(h)). It's enough that it subjects you to inferior terms, conditions or privileges of work, unless it amounts only to petty slights or trivial inconveniences. Every employer must have a written prevention policy and train staff every year (Labor Law § 201-g). Retaliation for complaining is illegal. You can file with the NYS Division of Human Rights within three years.

Read on for the details, the exceptions and the sources.

In plain words

Sexual harassment
Unwelcome conduct because of sex, sexual orientation or gender identity — comments, jokes, touching, requests for sex, sending images, or hostility toward you because of your gender.
Severe or pervasive
A stricter test some courts use under federal law. New York's law says harassment can be illegal without meeting it.
Petty slights or trivial inconveniences
The narrow defense an employer can raise: that the conduct was so minor a reasonable person in your position would see it as trivial.
Prevention policy
The written anti-harassment policy every New York employer must adopt, with a complaint form and an investigation procedure.

What the law says, briefly

Executive Law § 296(1)(h) makes it unlawful for an employer to subject anyone to harassment because of sex, sexual orientation, gender identity or expression, or any other protected characteristic, or because the person complained about discrimination — "regardless of whether such harassment would be considered severe or pervasive." Harassment is unlawful when it subjects you to inferior terms, conditions or privileges of employment. You don't need to show someone else was treated better, and the fact that you didn't complain to your employer is not decisive. The employer's only listed defense is that the conduct didn't rise above what a reasonable victim with the same characteristic would consider petty slights or trivial inconveniences.

The law covers every employer in the state, of any size (§ 292(5)), and also protects contractors, vendors and consultants working in the workplace when the employer knew or should have known and didn't act quickly to correct it (§ 296-d). Under Labor Law § 201-g, every employer must adopt a written sexual harassment prevention policy that includes a complaint form and an investigation procedure, give it to employees in writing at hiring, and provide interactive training every year.

What to check in your lease, contract or papers

  • Your employer's sexual harassment prevention policy and complaint form — you should have received it at hiring and at each annual training (Labor Law § 201-g(2-a))
  • Who the policy says to report to, and any alternative if that person is the harasser
  • Any arbitration or confidentiality agreement you signed; ask a lawyer how it affects your options
  • Any settlement or separation agreement offered to you, before you sign it

What to document

  • Each incident: date, time, place, exactly what was said or done, and who saw or heard it
  • Messages, images, social media posts or notes from the harasser
  • Who you told and when — coworkers, friends, family, a doctor or therapist
  • Any change in your shifts, duties, pay or evaluations after you objected or reported
  • Your own notes, kept outside work systems

What to do, step by step

  1. Make sure you're safe

    If you are in danger or were assaulted, contact the police or emergency services first. Workplace remedies come second.

  2. Write it down now

    Record each incident with dates, words and witnesses while your memory is fresh.

  3. Report it in writing, if you can

    Use the complaint form in your employer's policy or email HR. Keep a copy. Not reporting doesn't automatically end your claim under § 296(1)(h), but a written report creates a record and triggers your employer's duty to investigate under its policy.

  4. Watch for retaliation

    Note any punishment after you complain — it is a separate violation (§ 296(7)).

  5. File outside the company if needed

    File with the NYS Division of Human Rights within three years, by phone at (844) 697-3471 or online. Consider an EEOC charge (generally 300 days from the last incident) and, in New York City, the NYC Commission (three years for gender-based harassment).

What not to do

  • Don't delete messages, even upsetting ones; screenshot and save them.
  • Don't rely only on a verbal report — follow it with an email.
  • Don't sign an agreement that releases claims or limits what you can say without understanding it; consider legal advice first.
  • Don't wait for things to get worse: New York doesn't require the harassment to be severe or pervasive.

When to send a demand letter

A written internal complaint usually comes first. If the employer doesn't act, or retaliates, a lawyer may send a letter setting out the claim and proposing a resolution before filing. Attorney's fees may be awarded to a winning employee (Executive Law § 297(10)), which can make it easier to find a lawyer.

When to go to court

You can file with the Division of Human Rights or bring the claim in court instead (Executive Law § 297(9)); generally you can't do both. If the Division finds harassment, it can order the employer to stop, reinstate you, pay back pay and compensatory damages, punitive damages against a private employer, and civil fines (§ 297(4)(c)). A federal lawsuit generally requires an EEOC charge first. A court case under the state law is generally subject to a three-year limit (CPLR § 214(2)), but the details are technical; speak with a lawyer well before then.

What evidence to keep

  • Your dated notes and timeline
  • Texts, emails, chat messages, photos and voicemails
  • Your written complaint and the employer's response
  • The prevention policy and training materials you received
  • Names of witnesses and people you confided in
  • Pay stubs, schedules and evaluations from before and after

Frequently asked questions

Does it count if it happened only once?

It can. New York's law says harassment can be unlawful regardless of whether it would be considered severe or pervasive (Executive Law § 296(1)(h)). The employer can defend only by showing it was no more than petty slights or trivial inconveniences.

The harasser is a client, not a coworker. Is my employer responsible?

Possibly. It depends on the facts, such as whether your employer knew about it and what it did. Report it in writing so your employer can't say it didn't know, and keep a copy. If you are a contractor or vendor working in someone else's workplace, § 296-d makes that employer liable when it knew or should have known and didn't take immediate, appropriate corrective action.

How long do I have?

Three years to file with the Division of Human Rights (Executive Law § 297(5)). For a federal EEOC charge, generally 300 days from the last incident in New York. At the NYC Commission, three years for gender-based harassment.

I'm an independent contractor. Am I protected?

Yes, in many cases. Executive Law § 296-d protects contractors, subcontractors, vendors, consultants and their employees working in an employer's workplace.

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Official sources

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.