Sexual harassment is more than unwelcome comments or embarrassing jokes. Under the law in New York City, it is a serious form of discrimination—one that employers, coworkers, and bystanders must all understand. This blog explains how the law defines sexual harassment in NYC, how it shows up in the workplace, and why understanding the legal definition matters for you.
The Legal Foundation: The NYC Human Rights Law
The central statute is the New York City Human Rights Law (NYCHRL), which protects individuals from discrimination based on protected characteristics—including gender. Under the NYCHRL, sexual harassment is recognized as a type of gender-based misconduct. Employers and other entities subject to the law must ensure that their workplaces are free from sexual harassment.
A key component: the law doesn’t only apply to large corporations. It covers harassment by supervisors, coworkers, clients, customers, or other third parties—so long as the harassment is connected to the person’s work environment.
Two Primary Legal Categories
Under NYC and New York State law, sexual harassment typically falls into one of two broad categories:
- Quid pro quo harassment – This occurs when submitting to or rejecting sexual conduct is used as a basis for employment decisions. For example, a supervisor promises a promotion if an employee goes on a date or threatens termination if the employee refuses.
- Hostile work environment harassment – This is less about a single transactional condition and more about pervasive or severe unwelcome conduct that creates an intimidating, hostile, or offensive work environment. It may affect a person’s ability to do their job or feel safe at work.
What Conduct Qualifies As Sexual Harassment?
Under NYC law (and mirrored in state and federal law), the following types of conduct may qualify:
- Unwelcome sexual advances, requests for sexual favors, or repeated invitations.
- Verbal or written comments about a person’s body, appearance, sex life, or gender, including sexual jokes or derogatory remarks.
- Unwanted touching, grabbing, or other physical conduct of a sexual nature.
- Displaying pornographic or sexually suggestive images in the workplace, or making sexual gestures.
- Gender-based harassment, such as stereotyping, treating someone differently because of their gender identity or expression, or because of assumptions about it.
Importantly, harassment can be illegal even if it does not result in someone being fired or demoted—and even if it happens only once, if the conduct is especially egregious.
Who Is Protected?
Every employee in New York City is protected under the NYCHRL regardless of their sex, gender identity, sexual orientation, or level of employment. The harasser may be a supervisor, coworker, non-employee (such as a client or customer), or even a third-party.
Why the Legal Definition Matters
Understanding how the law defines sexual harassment matters for a few reasons:
- Recognition: Many people may dismiss specific comments or actions as “just joking” or “not a big deal,” when in fact the conduct may meet legal standards for harassment.
- Rights and Remedies: Understanding the definition helps employees identify when they may have a legal claim and understand the path to file a complaint or seek legal help.
- Employer Obligations: Employers in NYC are legally required to train employees, adopt anti-harassment policies, and prevent retaliation against those who complain.
- Reporting and Enforcement: The NYCHRL allows for enforcement by the New York City Commission on Human Rights, which may impose significant remedies, including penalties for willful violations.
How Phillips & Associates, PLLC Can Help
If you are subjected to unwelcome sexual conduct in your workplace—whether it’s overt solicitations, persistent unwanted advances or a pattern of offensive gender-based behavior—you may have grounds for a claim under New York City law. The legal definition of sexual harassment under the NYCHRL is broad and protective, covering a wide range of misconduct and requiring rigorous employer responsibility.
If you believe you are experiencing such harassment, it’s critical to understand your rights, document what’s happening, and seek legal guidance. You don’t have to navigate this alone—legal counsel experienced in NYC employment harassment law, like Phillips & Associates, PLLC, can help you evaluate your situation and determine your next steps.