Sexual Harassment
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."
Unlike federal law, New York law does not require sexually harassing conduct to be "severe or pervasive" — any conduct that subjects a person to inferior terms, conditions, or privileges of employment because of their gender or sex is prohibited.
Two Categories of Sexual Harassment
Quid Pro Quo
Occurs when someone in a position of authority conditions a job benefit on submission to sexual advances or conduct, or threatens job loss for refusing such advances.
Hostile Work Environment
Exists when unwelcome sexual conduct, comments, or behavior creates an intimidating, offensive, or abusive work environment. A single incident can be enough to constitute harassment if it rises above petty slights or trivial inconveniences.
Examples of Sexual Harassment
- Unwanted sexual advances or requests for sexual favors
- Inappropriate touching or physical contact
- Sexually explicit jokes or comments
- Displaying sexual images, videos, or explicit materials
- 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 & Next Steps
Employers must take immediate and appropriate action to stop sexual harassment once they know or should have known about it.
Employers are required to maintain written sexual harassment policies, provide annual training, and establish complaint procedures.
If you have experienced sexual harassment, it is important to document each incident and report it through your employer's complaint channels while consulting an attorney.
Contact A Seasoned &
Qualified Sexual Harassment Attorney
Please feel free to call us at (212) 233-6400 or contact us online.
