Allegations of sexual harassment are often met with the claim that the behavior was “consensual.” In workplace settings, however, consent can be complex, especially when power dynamics, pressure, or fear are involved. Under New York law, what may appear consensual on the surface can still be unlawful harassment.
How Power Imbalances Affect “Consent”
When one person in a workplace has more authority—such as a supervisor, manager, or company owner—they hold significant influence over the other person’s job security, pay, and career opportunities. Even if an employee agrees to certain conduct, the law recognizes that this “consent” may not be truly voluntary if the employee feels they have no real choice.
For example, an employee might accept advances to avoid being fired, demoted, or given less favorable assignments. This kind of pressure can mean the relationship was not freely entered into.
Pressure and Coercion in the Workplace
Consent obtained through intimidation, threats, or manipulation is not valid consent. This includes:
- Direct threats to fire, demote, or cut hours
- Implied consequences for rejecting advances, such as being excluded from important projects
- Persistent unwanted advances that create a hostile environment
Even if there was no explicit “no,” the law considers the full context, including whether the employee felt free to say no without negative consequences.
Why Fear Can Silence Objections
One of the most common reasons employees stay silent in the face of harassment is fear of retaliation. Retaliation can include termination, demotion, pay cuts, meeting exclusion, or even social isolation at work. Because of this fear, an employee might appear to “go along” with unwanted conduct.
Importantly, New York City and New York State laws protect employees who experience this kind of harassment, regardless of whether they initially appeared to participate.
Legal Protections for Employees
Under New York law, a workplace relationship can still be considered harassment if:
- There was a significant imbalance of power
- Consent was influenced by fear of negative consequences
- The relationship created a hostile work environment for the employee
Employees do not have to prove that they resisted at every opportunity. Courts and agencies understand that real-world dynamics—especially in the workplace—can make resistance difficult or dangerous.
Taking Action if You’ve Been Harassed
If your harasser claims the relationship was consensual, you may still have a strong case depending on the circumstances. The law looks beyond surface appearances to determine whether the conduct was voluntary or resulted from pressure, coercion, or fear.
An experienced employment discrimination attorney can help you document your experiences, gather evidence, and pursue your claim while protecting your rights.
If you believe you have experienced harassment—even if your harasser claims it was consensual—Phillips & Associates, PLLC can help. Contact us online to discuss your options and protect your career.