Workplace sexual harassment remains a pervasive issue that impacts people across industries and positions. But when it comes to legal protections in New York, many workers aren’t sure whether their status — as an employee, intern, contractor, or other “non-employee” — affects their rights. In New York State and New York City, the law broadly protects individuals from sexual harassment in the workplace, but the scope of that protection has expanded over the last several years. Understanding who is protected and what rights you have is critical if you believe you’ve been subjected to discrimination or harassment on the job.
Broad Protection for Individuals at Work
Both New York State and New York City laws are designed to protect workers from sexual harassment. Under the New York State Human Rights Law, all workers are entitled to a work environment free from unlawful harassment and discrimination based on sex or gender. That protection applies to any person who performs work in New York, not just individuals traditionally classified as employees. (Division of Human Rights)
While federal law (Title VII of the Civil Rights Act) covers most employees, New York law goes further by expressly including additional categories of workers. New York also requires annual sexual harassment prevention training for workers and employers, emphasizing the statewide commitment to eliminating harassment from workplaces. (Division of Human Rights)
Employees: Core Protection Under the Law
Anyone who works as an employee for a company — whether full-time, part-time, permanent, or temporary — is protected from sexual harassment in the workplace. This includes traditional W-2 employees and anyone whose terms and conditions of employment are set by their employer.
Under New York law, employers of any size must maintain a workplace free from harassment and take prompt action when unlawful conduct occurs. The law also prohibits retaliation against anyone who reports harassment in good faith. (Division of Human Rights)
Employees can file complaints with the New York State Division of Human Rights (NYS DHR) or the U.S. Equal Employment Opportunity Commission (EEOC), pursue a lawsuit in court, and seek monetary damages for harm caused by harassment. (Division of Human Rights)
Interns: Paid and Unpaid
Many people assume that interns — especially unpaid interns — aren’t afforded the same legal protections as employees. That’s not true in New York. Both paid and unpaid interns are legally protected from sexual harassment. New York’s Human Rights Law considers interns part of the workforce and extends anti-harassment protections accordingly. (Division of Human Rights)
Employers are required to include interns in sexual harassment training and prevention policies if they meet certain criteria for hours worked or duration of work. Importantly, interns can file claims just like traditional employees if they are subjected to discriminatory conduct. (NYC Government)
Contractors and Non-Employees
One of the most significant developments in New York sexual harassment law is the expansion of protections to individuals who are not direct employees of a company. This includes independent contractors, subcontractors, vendors, consultants, gig workers, temporary workers, and others providing services in the workplace. (Division of Human Rights)
Under the State Human Rights Law, these “non-employees” are protected from sexual harassment when they are performing work in an employer’s New York workplace. That means if you are on site to offer services — even if a company does not pay you directly — you still have the right to a harassment-free environment. (Division of Human Rights)
New York’s law requires employers to take appropriate corrective action if they know (or should have known) that a non-employee was subjected to harassment at the workplace. This legal development reflects a broader recognition that many workers operate outside traditional employee status yet still face similar risks on the job.
What This Means for Your Rights
If you’ve experienced sexual harassment at work — whether you’re an employee, intern, or independent contractor — you have legal protections and options to pursue justice under New York law. Protection isn’t limited by job title, employment classification, or whether you are paid directly by the company where the conduct occurred. (Division of Human Rights)
Document all incidents, report the conduct to your employer if it feels safe to do so, and seek legal advice as soon as possible. Legal counsel can help you understand how the law applies to your particular situation, evaluate the strength of your claim, and guide you through the process of filing a complaint or lawsuit.
New York City Sexual Harassment Lawyers
At Phillips & Associates, PLLC, we represent individuals in New York City and throughout the region who have experienced workplace harassment, discrimination, and retaliation. Our experienced employment attorneys are committed to protecting your rights and holding employers and harassers accountable. Contact us today at (866) 229-9441 for a free consultation and let us help you understand and fight for your rights.