No one should have to choose between earning a living and being treated with dignity. Yet every year, thousands of workers across New York City endure unwanted sexual advances, degrading comments, inappropriate touching, and retaliation for speaking up. If you have experienced sexual harassment at work, you are not powerless — and you are not alone. New York offers some of the strongest workplace protections in the nation, and an experienced sexual harassment attorney can help you enforce them.
Our firm represents employees throughout the five boroughs — Manhattan, Brooklyn, Queens, the Bronx, and Staten Island — in sexual harassment claims against employers of every size, from small businesses to major corporations, financial institutions, hospitals, restaurants, and government agencies. This page explains what sexual harassment looks like under New York law, the legal protections available to you, the deadlines you must meet, and the concrete steps you can take right now to protect your rights.
Sexual harassment is a form of unlawful sex discrimination. It includes unwelcome conduct of a sexual nature, as well as hostile or degrading treatment directed at someone because of their sex, gender identity, gender expression, or sexual orientation. Importantly, harassment does not need to be motivated by sexual desire to be illegal — conduct that demeans or targets you because of your gender can qualify even if it is not overtly sexual.
New York law recognizes two primary categories of sexual harassment:
Quid pro quo — Latin for "this for that" — occurs when a supervisor, manager, or other person with authority conditions employment benefits on submission to sexual conduct. Examples include:
Even a single incident of quid pro quo harassment is unlawful, and employers are typically held strictly accountable when a supervisor engages in this conduct.
A hostile work environment exists when unwelcome conduct based on sex makes the workplace intimidating, offensive, or abusive. Common examples include:
Many workers assume they must prove harassment was "severe or pervasive" to have a case. That is the federal standard under Title VII of the Civil Rights Act — but New York law goes much further.
Following landmark amendments to the New York State Human Rights Law in 2019, an employee no longer needs to show that harassment was severe or pervasive. Instead, conduct is unlawful if it subjects a person to inferior terms, conditions, or privileges of employment because of a protected characteristic. Conduct is only excused if it amounts to nothing more than "petty slights or trivial inconveniences" — a far lower bar for employees to clear.
The New York City Human Rights Law is broader still. Courts interpreting the City law have held that an employee need only show they were treated less well than other employees because of their gender. The City law is expressly required to be construed liberally in favor of protecting workers, independent of how federal or state statutes are interpreted.
In practical terms, this means that conduct that might not support a claim under federal law can absolutely support a claim under New York State and City law. If you were told your situation "isn't bad enough" to pursue, it is worth getting a second opinion from an attorney who focuses on New York's more protective standards.
Widely regarded as one of the most protective anti-discrimination statutes in the country, the NYCHRL prohibits sexual harassment by employers of all sizes with respect to gender-based harassment claims. It covers employees, interns, freelancers, and independent contractors. Remedies include uncapped compensatory damages, punitive damages, and attorneys' fees.
The State Human Rights Law prohibits sexual harassment by all employers in New York, regardless of size — even employers with a single employee. It protects employees, paid and unpaid interns, domestic workers, and independent contractors. Recent amendments eliminated the severe-or-pervasive requirement, limited employer defenses, and made punitive damages and attorneys' fees available in employment discrimination cases.
Federal law also prohibits sexual harassment by employers with 15 or more employees. While its standards are narrower than New York law, filing with the federal Equal Employment Opportunity Commission (EEOC) may be strategically valuable in certain cases. An attorney can advise which forum — or combination of forums — best serves your goals.
New York's protections extend well beyond traditional full-time employees. You may have a claim if you are:
You are also protected regardless of your sex, gender identity, gender expression, or sexual orientation, and regardless of the harasser's gender. Same-sex harassment is just as unlawful as opposite-sex harassment. Immigration status does not affect your right to be free from harassment at work.
Liability for sexual harassment is not limited to the individual harasser. Depending on the circumstances, responsible parties may include:
New York City employers are also required to provide annual sexual harassment prevention training and distribute anti-harassment policies. An employer's failure to comply with these obligations can be powerful evidence in your case.
Fear of retaliation stops many workers from reporting harassment. New York law addresses this directly: it is unlawful for an employer to punish you for reporting harassment, filing a complaint, participating in an investigation, or supporting a coworker's claim. Retaliation can take many forms, including:
Critically, you can prevail on a retaliation claim even if the underlying harassment claim is not ultimately successful, as long as you complained in good faith. Retaliation claims are often among the strongest claims an employee has, because the timing between a complaint and adverse action can speak for itself.
Strict time limits apply to sexual harassment claims, and missing a deadline can permanently bar your case. Key deadlines include:
| Filing Option | Deadline |
|---|---|
| Lawsuit under the New York City Human Rights Law | 3 years from the harassment |
| Lawsuit under the New York State Human Rights Law | 3 years from the harassment |
| Complaint with the New York State Division of Human Rights (sexual harassment claims) | 3 years from the harassment |
| Complaint with the New York City Commission on Human Rights | 1 year (3 years for gender-based harassment claims) |
| Charge with the EEOC (federal claims) | 300 days from the harassment |
These deadlines can be affected by ongoing conduct, tolling rules, and the forum you choose, so do not rely on general timelines alone. The safest course is to consult an attorney as soon as possible after the harassment occurs.
A successful sexual harassment claim can result in significant recovery, including:
What you do in the days and weeks after harassment occurs can significantly strengthen — or weaken — your legal position. We recommend the following:
Sexual harassment cases are rarely straightforward. Employers deny wrongdoing, witnesses fear coming forward, and evidence can disappear quickly. Our attorneys level the playing field by:
We handle sexual harassment cases on a contingency fee basis, which means you pay no attorneys' fees unless we recover compensation for you.
Possibly. A single incident of quid pro quo harassment is always actionable, and under New York City and State law, even a single serious incident of hostile conduct — such as groping or an explicit proposition — can support a claim. The old rule requiring a pattern of severe or pervasive conduct no longer governs New York claims.
Yes. If working conditions were so intolerable that a reasonable person would have felt compelled to resign, you may have a claim for constructive discharge, allowing you to recover lost wages even though you resigned rather than being fired.
You may still have a claim. While reporting strengthens a case — particularly one involving coworker harassment — failure to report is not an automatic bar, especially when a supervisor was the harasser or when reporting would have been futile or frightening. An attorney can assess how this factor affects your specific situation.
Not necessarily. Many cases resolve through confidential negotiation or mediation before any public filing. If confidentiality matters to you, New York law allows settlement terms to remain confidential when the employee prefers it. We will discuss privacy considerations with you at every stage.
Our consultations are free and confidential, and we handle these cases on contingency. You owe nothing unless we win compensation for you, and New York law allows prevailing employees to recover attorneys' fees from the employer.
Sexual harassment thrives on silence. Taking action not only protects your career, your income, and your well-being — it can also protect coworkers who may be suffering in silence. New York law gives you powerful tools, but strict deadlines mean that waiting can cost you your claim.
Contact our office today for a free, confidential consultation. We will listen to your story, explain your rights under New York State and City law, and give you an honest assessment of your options. Everything you share with us is protected by attorney-client privilege, and you are under no obligation to move forward. Whatever you decide, you deserve to make that decision with full knowledge of your rights — and with an experienced advocate in your corner.
You can contact us by phone at 212-233-1233 or by email at [email protected].