Some people dismiss verbal harassment in the workplace as “just jokes” or “teasing,” but under New York law, certain remarks can cross the line into unlawful harassment. Sexual jokes, unwanted comments about appearance, or persistent propositions can create a hostile work environment—especially when they’re unwelcome, offensive, or interfere with your ability to do your job.
This guide explains when verbal conduct becomes harassment, how the law evaluates these situations, and what you can do if you’ve experienced it.
What Counts as Verbal Harassment?
Verbal harassment involves spoken or written words that are offensive, derogatory, or sexual. In the workplace, examples may include:
- Sexual jokes or innuendos
- Comments about someone’s body or clothing
- Suggestive or explicit remarks
- Repeated sexual propositions
- Gender-based insults or slurs
- Threats related to job security in exchange for sexual favors
Even a single comment can be illegal if it is severe enough. Verbal harassment is more often assessed based on whether the remarks are part of a pattern that creates an intimidating, hostile, or offensive work environment.
The “Just Joking” Excuse
One of the most common defenses harassers give is, “It was just a joke.” However, the law does not excuse offensive conduct simply because the speaker claims it was meant to be humorous. What matters is how the comment impacts the recipient, not the intent behind it.
If the jokes or remarks are unwelcome and make it harder for you to do your job—or make you feel unsafe—they can contribute to a legally actionable harassment claim.
When Verbal Harassment Becomes Sexual Harassment
Verbal harassment can be a form of sexual harassment when it targets a person based on their sex, gender, or sexual orientation, or when it involves unwanted sexual remarks. Under New York City and State laws, the threshold for proving harassment is lower than federal law—meaning you don’t have to show that the harassment was “severe or pervasive” to bring a claim.
This means that even offhand comments, if they are unwelcome and inappropriate, could qualify as harassment in New York workplaces.
What to Do If You’re Experiencing Verbal Harassment
If you believe you are being subjected to verbal harassment at work:
- Document what happened – Keep records of dates, times, locations, what was said, and who was present.
- Report the conduct – Follow your employer’s harassment reporting procedures, if you feel safe doing so.
- Seek legal advice – An attorney can explain your rights, assess the strength of your claim, and help you take action.
How Phillips & Associates, PLLC Can Help
At Phillips & Associates, PLLC, our employment discrimination and harassment attorneys have extensive experience representing employees across New York. We understand how isolating and frustrating it can be to face verbal harassment at work—and we’re here to help you protect your rights.
If you’ve experienced offensive jokes, unwanted comments, or propositions in the workplace, contact Phillips & Associates, PLLC online to discuss your situation and explore your legal options.