Workplace harassment can make a job stressful and unsafe, and in New York City some of it is illegal. This page explains when harassment crosses the legal line, the three layers of law that protect New York City workers, the deadlines for acting, what you can recover and when to speak with a lawyer.
What counts as workplace harassment
Not all bad behavior at work is illegal. Harassment becomes unlawful when it is based on a protected trait such as race, gender, religion, national origin, age, disability, sexual orientation or gender identity. It can take the form of unwanted comments, jokes, threats or physical actions, and it includes sexual harassment such as unwanted touching or repeated requests for dates.
The first thing we do is determine whether what happened to you meets the legal definition of harassment, and under which law.
The three levels of anti-harassment law in New York
New York City workers are protected by three overlapping levels of law. They differ in which employers they reach and in how much a plaintiff has to prove.
| Law | Employers covered | Scope of protection |
|---|---|---|
| Federal law: Title VII of the Civil Rights Act, the ADA, the ADEA and other federal statutes | 15 or more employees under Title VII and the ADA; 20 or more under the ADEA | Conduct must be “severe or pervasive” |
| New York State Human Rights Law | One or more employees (recently expanded from four or more) | Somewhat broader than federal law |
| New York City Human Rights Law | Four or more employees in New York City | Conduct need only go beyond “petty slights and trivial inconveniences”; the broadest protection in the country |
The difference in standard is why the City law matters so much. Under federal law the conduct must be severe or pervasive enough to alter the conditions of employment. Under the New York City Human Rights Law you do not always need to prove the behavior was severe or ongoing; the question is whether it went beyond petty slights and trivial inconveniences, and even one serious incident can be enough. Cases that fail under federal law can succeed under City law.
We review your facts under city, state and federal law and tell you which gives you the strongest claim.
Protected categories
The City law’s list of protected categories is among the most comprehensive in the nation. It covers race, color, ethnicity and national origin; religion or creed; age, with specific protections for older workers; sex, gender identity, gender expression and sexual orientation; pregnancy, lactation and fertility; and disability, whether physical, mental or perceived.
It also covers military or veteran status, marital and partnership status, caregiver status, citizenship and immigration status, conviction or arrest record (within specific limits), credit history, domestic violence victim status, and sexual or reproductive health decisions. State and federal law cover narrower lists but provide additional remedies in some cases.
Hostile work environment and sexual harassment
A hostile work environment claim has four elements: unwelcome conduct based on a protected characteristic; conduct that is severe or pervasive enough to alter the conditions of employment under the federal standard, or that goes beyond petty slights under the City standard; conduct directed at you or affecting your work environment; and a basis for holding the employer liable, through its knowledge or imputed knowledge of the conduct.
Sexual harassment comes in two main forms. Quid pro quo harassment is when submission to sexual conduct is made a condition of employment benefits. Hostile environment harassment is sexual conduct that creates an offensive work environment.
The Stop Sexual Harassment in NYC Act also requires employers to provide annual sexual harassment training, display anti-harassment posters, hand out information about their harassment policies and investigate complaints. An employer’s failure to comply with these requirements can support a harassment claim.
Employer liability and internal complaints
Employers can be held responsible for harassment in the workplace, especially when a supervisor is involved. They must take complaints seriously and investigate them properly, and an employer that ignores a complaint or fails to act strengthens your case. We gather the evidence, review the company’s policies and show where the employer fell short of its legal duties.
Most employers require complaints to go through internal procedures first. Follow the procedure in your employee handbook or HR policies and put the complaint in writing so there is a record. Cooperate with the internal investigation, but remember that what you say to HR can be used in later proceedings; it is worth speaking with counsel before a significant internal interview. Document the employer’s response, or its failure to respond.
Retaliation after reporting harassment
It is illegal for an employer to punish you for complaining about harassment. Retaliation includes termination, demotion or transfer, a cut in hours or pay, negative performance reviews, hostile treatment, refusal of normal benefits or training, and withholding references. The retaliation must be tied to protected activity, which means your complaint about the harassment.
Retaliation claims are often as important as the harassment claim itself, and they stand on their own: a retaliation claim can succeed even if the underlying harassment claim fails. Our job is to prove the connection between your complaint and the action the employer took against you.
Agency complaints and filing deadlines
Before a lawsuit, many cases have to go through a government agency. You may file with the Equal Employment Opportunity Commission or the New York City Commission on Human Rights; these agencies investigate and may try to resolve the matter. Each route has its own deadline, and missing one can permanently bar the claim.
| Forum | Deadline |
|---|---|
| EEOC (federal) | 300 days from the discriminatory act in states with a state agency, which includes New York |
| NYC Commission on Human Rights | One year from the act |
| NY State Division of Human Rights | Three years from the act (extended from one year by recent legislation) |
| State court lawsuit under state law | Three years |
| Court lawsuit under NYC law | Three years |
| Federal court lawsuit | Must follow EEOC procedures and receive a “right to sue” letter first |
Speak with a lawyer promptly so that every applicable deadline is observed and the complaint is filed correctly and on time.
Building the case
Strong harassment cases are built on records. Write down each incident with the date, time, location and any witnesses. Preserve the communications: emails, texts and voicemails. Keep copies of every complaint you made internally and a record of any retaliation that followed. Identify other employees who were harassed or who witnessed what happened to you.
Save performance reviews that show your work was satisfactory, because your work record is often the first thing an employer challenges. Keep all of it outside the employer’s systems, where the employer cannot delete it.
Settlement, severance and lawsuits
Many harassment cases settle. The employer may offer a severance package in exchange for a release of claims. Do not sign anything without legal advice, because a release gives up rights you may not know you have. We negotiate the terms, including higher compensation and protection of your reputation.
If the case cannot be resolved, the next step is a lawsuit: gathering evidence, taking depositions and presenting the case in court. Harassment litigation is complex and employers are usually well represented, so we handle the process and build the case on your behalf.
Damages available in harassment cases
If you win, you may recover several kinds of compensation.
| Remedy | What it covers |
|---|---|
| Back pay | Lost wages from termination or another adverse action |
| Front pay | Future lost earnings if reinstatement is not feasible |
| Compensatory damages | Emotional distress, pain and suffering |
| Punitive damages | In egregious cases, to punish and deter the wrongdoer |
| Attorney’s fees | Recoverable in successful cases |
| Court costs | Filing fees, expert witness fees and other costs |
The City law allows unlimited compensatory damages and provides for attorney’s fees, which makes New York City a particularly favorable place for a plaintiff. We estimate the value of your case before you decide how to proceed.
How we help
Workplace harassment cases involve strict rules and deadlines, and the employer usually has lawyers defending it. The Law Offices of Albert Goodwin represents clients in New York City in harassment and employment matters: explaining your rights, filing claims and pursuing compensation.
Call us at 212-233-1233 or email [email protected] to discuss your situation.
