Many people assume that sexual harassment must happen repeatedly over time to be considered illegal. While harassment often involves ongoing behavior, under New York City's Human Rights Law (NYCHRL), even a single severe incident can violate the law.
Understanding the "Single Incident" Standard in New York City
Federal law typically requires harassment to be "severe or pervasive" or unlawful. New York City law sets a lower standard. Under the NYCHRL, if you are subjected to unwelcome sexual conduct that creates inferior terms, conditions, or privileges of employment, even a single incident may form a claim. This more protective standard reflects the city's commitment to ensuring workers are not forced to suffer serious harm before being able to seek assistance.
Examples of Severe Single Incidents
While everyday workplace friction may not meet the standard, certain conduct is severe enough that one occurrence could qualify as sexual harassment under the NYCHRL. Examples include:
- Sexual assault or unwanted physical contact of a sexual nature.
- Explicit sexual threats, such as a supervisor threatening to fire you unless you engage in sexual activity.
- Public humiliation with sexual overtones, such as displaying pornography or making graphic comments about your body in front of others.
Even if they happen only once, these acts can fundamentally alter your work environment, making it unsafe or intolerable.
Why the Law Matters for Victims
A common misconception is that if the harassment stops quickly, there is no case. This belief can discourage victims from reporting severe but isolated incidents. Under the NYCHRL, you can take action without waiting for repeated behavior.
This is particularly important in cases where:
- The offender is in a position of authority.
- The incident caused significant emotional or psychological harm.
- You fear retaliation if you report the conduct.
Steps to Take After a Severe Incident
If you have a major one-off act of sexual harassment, take the following steps as soon as possible:
- Document the incident, such as dates, times, locations, witnesses, etc.
- Preserve evidence — emails, message threads, images, or other physical evidence related to the incident.
- Report it to your employer, once again, according to workplace policies.
- Receive legal advice with respect to your rights and any potential claims you may have under New York City law.
How Phillips & Associates, PLLC Can Help
Phillips & Associates, PLLC has extensive experience representing employees who have endured severe, one-time incidents of sexual harassment. Our attorneys can evaluate the details of your case, explain your legal options, and guide you through the process of holding your employer accountable.
You do not have to tolerate a workplace made unsafe by a single act of harassment. The law is on your side, and help is available. Contact us today to get started.