Workplace harassment isn’t always verbal or physical—it can also be visual. From inappropriate posters to explicit screensavers, visual harassment can create a hostile work environment that impacts your comfort, productivity, and mental well-being.
In New York, employees are protected from this type of misconduct, and employers have a legal duty to prevent it. Understanding what counts as visual harassment is the first step toward protecting your rights.
What Is Visual Harassment?
Visual harassment includes any sexually explicit, offensive, or degrading images, gestures, or displays in the workplace that contribute to a hostile work environment. This can be as blatant as pornography left in shared spaces or as subtle as recurring lewd gestures from a coworker.
Some examples include:
- Sexual posters or calendars displayed in offices or common areas
- Pornographic images, videos, or websites shown on workplace devices
- Lewd or obscene hand gestures
- Offensive memes or cartoons shared in group chats or email threads
- Suggestive screensavers or wallpapers on shared computers
Even if a particular image or gesture is directed at someone else—or no one in particular—it can still create an environment that violates workplace harassment laws.
Legal Thresholds for Visual Harassment
Visual harassment is generally considered unlawful under New York State or City Human Rights Law if it is severe or pervasive enough to alter the conditions of employment or create an abusive work environment.
Importantly, New York law is more protective than federal law and does not require victims to prove the conduct was “severe or pervasive” in the same way—any unwelcome behavior based on a protected characteristic, including sex, can qualify.
Factors that may be considered include:
- Frequency of the behavior
- Context (private jokes vs. public displays)
- Intent (humor claimed vs. harassment intended)
- Impact on the employee’s ability to do their job
What to Do If You Experience Visual Harassment
If you are experiencing visual harassment, you can take steps to protect yourself and build a record of the misconduct:
- Document the incidents: Save emails, screenshots, or photographs when safe to do so.
- Report internally: Follow your company’s reporting procedures, whether to HR, a manager, or another designated person.
- Seek legal advice: If your employer fails to act or retaliates against you, you may have grounds for a legal claim.
You Don’t Have to Tolerate Visual Harassment
Visual harassment is not “just a joke” or “no big deal”—it violates your right to a respectful and professional workplace. You may have legal recourse if you’ve been subjected to inappropriate images, gestures, or displays.
Phillips & Associates, PLLC has extensive experience representing employees in harassment cases, including those involving visual misconduct. We can help you understand your rights, gather evidence, and pursue justice.
Contact Phillips & Associates, PLLC online today to schedule a confidential consultation and take the first step toward protecting your workplace rights.