Federal, New York State, and New York City laws prohibit sexual harassment in the workplace. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an employee’s work environment or employment conditions. Under the New York State Human Rights Law and the New York City Human Rights Law, harassment does not need to be “severe or pervasive” to be unlawful — any conduct that subjects a person to inferior terms, conditions, or privileges of employment because of their gender or sex is prohibited.

Sexual Harassment Actions Fall Under Two Separate Categories:

Quid pro quo

• Quid pro quo harassment occurs when someone in a position of authority conditions a job benefit — such as hiring, promotion, favorable assignments, or continued employment — on the employee’s submission to sexual advances or conduct. It can also occur when an employee is threatened with the loss of a job or benefit for refusing such advances.

Hostile work environment

• A hostile work environment exists when unwelcome sexual conduct, comments, or behavior creates an intimidating, offensive, or abusive work environment. This may include repeated sexual comments, unwanted touching, sexually explicit jokes, displaying pornography, or other behavior that interferes with an employee’s ability to work. Under New York law, a single incident can be enough to constitute harassment if it rises above petty slights or trivial inconveniences.

Examples of How Sexual Harassment Can Take Form:

• Unwanted sexual advances or requests for sexual favors

• Inappropriate touching or physical contact

• Sexually explicit jokes or comments

• Displaying sexual images, videos, or other explicit materials (including on computers or phones)

• Sending sexually suggestive emails, texts, or messages

• Making obscene gestures or sexual remarks about appearance

• Online or social media harassment of a sexual nature

• Sexual assault or coercion

Employer Obligations

In New York, employers are required to take immediate and appropriate action to stop sexual harassment once they know or should have known about it. Employers must have a written sexual harassment prevention policy, provide annual interactive anti-harassment training, and maintain a process for handling complaints. Failure to meet these obligations can result in liability for the employer

Take Action

If you are experiencing sexual harassment at work, taking prompt action is important to protect your rights and preserve your legal options. Document incidents, save any written or electronic communications, and report the behavior according to your employer’s procedures. An experienced sexual harassment attorney can help you navigate the process and ensure your complaint is taken seriously.

Contact a Seasoned and Qualified Sexual Harassment Attorney

The sexual harassment attorneys at Risman & Risman, P.C. have extensive experience handling claims under federal, state, and city law. We can explain your rights, guide you through the complaint process, and take action to hold your employer accountable. Your consultation is free. Call us at (212) 233-6400 or contact us online.