New York City Sexual Harassment Lawyers

When Can You File a Lawsuit Over Sexual Harassment?

According to the EEOC, harassment is legally actionable when:

• Submission to such conduct is made a term or condition of employment
• Submission to or rejection of such conduct is used as the basis for employment decisions
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment

Can I Be Fired or Demoted if I Report Sexual Harassment?

No. Federal and state laws make it illegal to fire, demote, harass, or otherwise "retaliate" against applicants and employees who report sexual harassment. 

It is illegal for employers to retaliate against employees who complain about discrimination on the job, file a charge with the EEOC, or participate in an employment discrimination proceeding, such as an investigation or lawsuit.

If you are fired, demoted, transferred, excluded from meetings, or otherwise treated differently after speaking up, you may have a separate retaliation claim.

How Common Is Sexual Harassment?

Despite increased awareness through movements like #MeToo, the prevalence of workplace sexual harassment remains high. Efforts to reduce harassment in professional settings have seen little progress in the last five years, according to consultancy firm McKinsey. 

A recent survey revealed that, in New York, 35.6 percent of cisgender women, 18.9 percent of cisgender men, and 50 percent of individuals identifying as transgender, nonbinary, or gender nonconforming reported experiences of workplace harassment.

What if My Boss Says Our Relationship Was “Consensual”?

Even if a workplace relationship began “consensually,” it can still be sexual harassment when:

• There is a power imbalance (e.g., supervisor/subordinate)
• You felt pressured to start or continue the relationship
• You faced retaliation after ending it

Under New York law, true consent may be impossible when one person has authority over the other’s career. If you felt you couldn’t say no without risking your job, it’s worth speaking to a lawyer.

Forms of Sexual Harassment

Each type comes with a range of behaviors that may be overt or covert, and each can singularly or collectively contribute to a harmful work environment.

Verbal Harassment

Verbal harassment is one of the more common forms and involves spoken or written communication of a sexual or inappropriate nature. 

It includes, but is not limited to:

• Unwelcome sexual jokes or comments.
• Discussions about an employee’s appearance in a sexualized manner.
• Propositioning for dates or personal relationships repeatedly after being rejected.
• Sexual remarks disguised as compliments that feel invasive or demeaning.
• Threats or suggestions linking job security, promotions, or benefits to sexual compliance.

Physical Harassment

Physical harassment involves unwanted physical contact, which may range from minor invasions of personal space to outright criminal acts. 

Examples include:

• Intentional brushing against someone or standing unnecessarily close.
• Blocking someone's path or cornering them in a confined area.
• Unlawful touching, such as groping, patting, or stroking.
• Crude gestures or suggestive movements, such as mimicking sexual acts.
• More severe cases, such as sexual assault or coerced intimate acts during work-related events or under work-related pretenses.

Visual Harassment

Visual harassment encompasses inappropriate or offensive materials or behaviors that create an uncomfortable or hostile atmosphere. 

These actions include:

• Displaying sexually explicit images, posters, or screensavers in shared workspaces.
• Sending or showing inappropriate videos, images, or memes through email, social media, or text messages.
• Lewd facial expressions or suggestive body language, such as winking or licking lips.
• Sharing obscene or discriminatory handouts during meetings or presentations.
• Uninvited exposure to pornography or adult content within a work setting, including during virtual communications.

Is Sexual Harassment a Form of Discrimination?

Yes, sexual harassment is discrimination. It is gender-based discrimination that is rooted in the fact that you are a woman or a man. Sexual harassment is a violation of city, state, and federal law.

Contexts in Which Harassment Can Happen

Sexual harassment is not limited to the direct confines of the office or workplace. It can happen anywhere professional responsibilities are carried out or where employees gather under the employer’s direction. 

Some examples include:

• During the hiring process- Applicants may face inappropriate comments or questions unrelated to their qualifications, such as inquiries about their marital or reproductive status.
• At work-related social events- Harassment can occur during team-building exercises, holiday parties, trade shows, or other professional gatherings where boundaries may be crossed under the guise of informality.
• Through virtual platforms- The rise in remote work has seen an increase in harassment over emails, video calls, or private messages in work chat applications.

Types of Sexual Harassment at Work 

There are two primary legal classifications of workplace sexual harassment:

• Quid pro quo harassment
• Hostile work environment harassment

Each type describes specific situations and criteria under which harassment occurs.

Quid Pro Quo Sexual Harassment 

The term quid pro quo translates to "something for something." Within the workplace, this type of harassment happens when someone in a position of authority requests sexual favors in exchange for a professional benefit or threatens adverse consequences if the request is denied. 

Quid pro quo harassment is particularly harmful because it leverages a worker’s livelihood or career advancement against their consent. 

Examples include:

• Demoting or firing someone who refuses a supervisor’s sexual advances. 
• Sexual bribery or offering a promotion or raise contingent on dating or engaging in sexual activity with a superior.
• Refusing to hire an applicant unless they comply with inappropriate requests during the interview process.

Hostile Work Environment Harassment 

A hostile work environment arises when unwelcome sexual behavior is so frequent or severe that it creates a workplace atmosphere that is intimidating, offensive, and harmful to an employee’s well-being. 

Examples of behaviors that may constitute a hostile work environment include:

• Repeated sexual jokes, comments, or innuendos. 
• Displaying sexually explicit images in shared spaces. 
• Lewd gestures or staring. 
• Persistent stalking or attempts to initiate unwelcome romantic relationships. 

To establish a hostile work environment claim, an employee must generally prove:

• They belong to a protected class. 
• They experienced unwelcome harassment. 
• The harassment was sexual in nature. 
• It affected the terms, conditions, or privileges of their employment. 
• The employer knew or should have known about the harassment and failed to act appropriately. 

Key factors such as the frequency of incidents, the severity, and whether the perpetrator was a coworker or supervisor can all determine whether the environment meets the legal standard of being hostile. 

If you are in a hostile work environment or have faced quid pro quo harassment, speak with an experienced sexual harassment lawyer in New York City at Phillips & Associates, PLLC.

How Much Is a Sexual Harassment Case Worth?

The value of a sexual harassment case is determined by several critical factors. 

These include:

• Severity and duration of the harassment
• Lost wages and career impact
• Emotional distress
• Strength of your evidence
• Applicable laws

Available damages may include back pay, front pay, compensatory damages for emotional distress, punitive damages to penalize egregious conduct, and attorney’s fees.

Our New York sexual harassment attorneys at Phillips & Associates are highly skilled in evaluating these factors and preparing thorough, evidence-based damage assessments to support your claim in negotiations or at trial.

What to Do If You Are Experiencing Sexual Harassment

Taking action against workplace harassment can feel intimidating, but there are several steps you can take to protect yourself and build a strong case should you decide to move forward legally. 

Report the Harassment 

Employers are responsible for addressing harassment, but they cannot act if they are unaware that it is occurring. One of the most important steps is to report the behavior through your company’s internal grievance procedure. This is typically outlined in your employee handbook and often involves reporting to a supervisor, manager, or human resources representative.

It is crucial to submit your complaint in writing. A written complaint not only informs your employer of the harassment but also creates a formal record of your efforts to seek a resolution.

Document Evidence 

Preserve emails, text exchanges, images, and other communications that support your case. Witness testimony can also be valuable. Where safety and laws permit, you may also use recordings if the harassment occurs during conversations. New York is a one-party consent state, meaning that you can legally record conversations as long as you are a participant in them. 

Evidence that can help support your case:

• Written communications (texts, emails, DMs, notes)
• Witness testimony
• Photos, screenshots, or recordings
• Documentation of retaliation (sudden poor reviews, demotion, schedule changes)

Understand Your Rights

Employers are prohibited from retaliating against you for filing a harassment complaint or engaging in protected activities like seeking legal advice. Retaliation can take many forms, including termination, demotion, reduced hours, or denial of promotions.

If you suspect retaliation after reporting harassment, document those incidents as well. Examples include emails that change your job responsibilities without justification or sudden negative performance reviews that seem unjustified. Such actions may constitute a separate legal claim.

Contact an Attorney 

Consulting an attorney who focuses on employment law, like those at Phillips & Associates, is an important step in understanding your legal options. 

A sexual harassment attorney can:

• Evaluate your situation and determine whether the behavior meets legal definitions of harassment.
• Help you file a charge with the Equal Employment Opportunity Commission (EEOC) or a local agency like the New York City Commission on Human Rights.
• Represent your interests in mediation, arbitration, or court proceedings, if necessary.

An attorney can also provide guidance specific to your circumstances, such as navigating NDA agreements or understanding applicable time limits (known as statutes of limitations) for filing claims. 

Filing a Sexual Harassment Claim: Understanding the Process

Is There a Time Limit to File a Sexual Harassment Claim?

Yes, there is a time limit to file a sexual harassment claim. Victims generally need to file a charge with the EEOC within 180 days of the day the harassment took place.

Under some circumstances, the 180-day deadline may be extended by state law, but in most cases, failure to file within the deadline may bar your right to relief.

Do I Have to Report Sexual Harassment to HR First?

No. You are not legally required to report harassment to your company’s HR department before speaking to an attorney or filing a claim.

While internal reports can help create a paper trail, New York law does not require you to use internal complaint procedures before holding your employer accountable. We recommend speaking to an attorney first so you understand your rights before involving HR.

Do I Have to File a Charge with the EEOC?

Yes, you need to file a charge with the EEOC in order to file a sexual harassment claim. Victims alleging harassment must first file a formal complaint with the EEOC or the state's fair employment agency before filing a lawsuit in federal court.

What Happens After I File a Sexual Harassment Complaint?

Upon receiving the complaint, the EEOC will recommend mediation, where the parties are encouraged to find a mutually acceptable solution. This can take less than three months. 

If mediation does not work, the EEOC will forward the charge to an investigator, who will investigate the complaint. If the investigation reveals a violation of law, the EEOC will issue a "right-to-sue."

Can I Settle a Sexual Harassment Case Confidentially?

Yes. At Phillips & Associates, nearly half of our sexual harassment cases are resolved confidentially before ever filing in court.

This approach allows you to:

• Protect your privacy
• Avoid prolonged litigation
• Recover compensation faster
• Stay in control of the process

We prepare every case as if it will go to trial, and that reputation often gives us the leverage to negotiate high-value, confidential settlements.

Do I Need an Attorney to Represent Me?

Yes. Employers have legal teams protecting their interests. 

An experienced plaintiff-side attorney can:

• Evaluate your case
• Preserve your evidence
• File with the EEOC or New York agencies
• Negotiate a high-value settlement
• Represent you in court if needed

An experienced attorney can help you present the strongest possible case.

Our NY sexual harassment lawyers at Phillips & Associates know the law and have extensive experience litigating sexual harassment claims, including numerous high-profile cases that have been featured in Forbes, People Magazine, The New York Post, The Wall Street Journal, and more.

We have the expertise and resources to aggressively advocate for your rights at every turn, from filing the complaint through mediation and conciliation. We can also pursue your claim in court.

Because the process involves various negotiations and appeals at the administrative and trial levels, a skilled harassment attorney can protect your rights and help you achieve the most favorable outcome in your case. Your consultation is free, and there is no fee unless we recover.

What Evidence Can I Gather to Prove Sexual Harassment?

In order to assert a claim for sexual harassment in court, a complainant must provide evidence of the allegedly harassing behavior. A complainant can offer evidence in the form of eyewitness testimony, written communications, and recordings of conversations or exchanges, subject to evidentiary rules and state law.

Below are the types of evidence that may be used in a sexual harassment case.

Hearsay Rule

Rule 801 of the Federal Rules of Evidence is perhaps best summarized as a restriction on the use of out-of-court statements as evidence in court. It has many exceptions and a very important exclusion:  statements by an “opposing party,” such as a defendant, are not considered hearsay and are therefore admissible as evidence. Fed. R. Ev. 801(d)(2).

Eyewitness Testimony

Individuals who personally witnessed acts of harassment can testify in court to what they saw. Since a defendant’s statements are not hearsay, they can also testify about harassing statements they heard. They may be subject to cross-examination about their specific testimony and their credibility in general.

Written Evidence

Written communications from an alleged harasser are admissible as evidence, since they are not hearsay. These could include emails, text messages, social media messages, and actual written statements. The complainant must be able to authenticate the writings, meaning they must demonstrate that they originated from the defendant. See Fed. R. Ev. 901.

Recordings

Recordings of conversations are often the most direct evidence of harassing behavior, but they are subject to a complicated series of laws that could lead to legal trouble for the person making the recording. 

Federal law allows recordings of conversations, both in-person and via telecommunications, as long as at least one person participating in the recorded conversation has consented to the recording. 18 U.S.C. § 2511(2)(d). A person can therefore record themselves talking to another person without that person’s knowledge. This is known as “one-party consent.” 

A law requiring consent from all parties to a conversation is called “two-party consent.” A person in a state with a one-party consent law could incur legal liability under another state’s two-party consent law if they record a phone call to a person in that state without their consent.

New York has a one-party consent law for any type of communication. N.Y. Pen. L. §§ 250.00, 250.05. Recordings of conversations are admissible as evidence as long as they meet the one-party consent standard. N.Y. CPLR § 4506. 

Workplace Harassment Laws in New York

New York provides some of the most comprehensive and employee-focused workplace harassment protections in the United States. These laws operate at federal, state, and city levels, each building on the others to provide robust safeguards against sexual harassment. 

Title VII of the Civil Rights Act of 1964

At the federal level, Title VII of the Civil Rights Act of 1964 sets a baseline for addressing workplace harassment as a form of sex discrimination. 

This law applies to employers with 15 or more employees and prohibits practices such as unwelcome sexual advances, inappropriate behavior, or any actions that create an intimidating, hostile, or offensive work environment. Title VII covers both quid pro quo harassment and hostile work environment claims. 

To succeed in a Title VII claim, the victim must show that the conduct was serious enough to alter the conditions of their employment. Courts evaluate factors such as the frequency of the behavior, its severity, and whether it was physically threatening or merely offensive. 

Because the standard for proving a claim under Title VII can be stringent, additional protections under New York State and city laws provide critical layers of support to employees.

The New York State Human Rights Law (NYSHRL)

Unlike Title VII, which only applies to employers with 15 or more employees, the New York State Human Rights Law (NYSHRL) extends its protections to employers of all sizes, even those with just a single employee.

Another significant distinction under the NYSHRL is its low threshold for actionable claims. Rather than requiring conduct to be “severe and pervasive,” as mandated by Title VII, the NYSHRL only requires that the harassment rises above what might be deemed “petty slights or trivial inconveniences.” 

This makes it easier for victims to bring forward claims and seek redress for behavior that, while perhaps not extreme, still fosters an uncomfortable or hostile work environment.

Additionally, the NYSHRL removes certain employer defenses traditionally allowed under federal law. Specifically, employers can no longer argue that they should not be held liable because the victim did not follow internal company complaint procedures. 

This change places more responsibility on employers to maintain harassment-free workplaces and empowers victims to file claims by removing the fear of procedural obstacles.

Additionally, the NYSHRL removes employer defenses traditionally allowed under federal law, including the Faragher/Ellerth defense. This defense permitted employers to avoid liability if they can prove they exercised reasonable care to prevent and correct harassment, and that the victim failed to take advantage of preventive or corrective opportunities, such as internal complaint procedures. 

Under the NYSHRL amendments, employers are no longer able to rely on this defense.

The New York City Human Rights Law (NYCHRL)

The New York City Human Rights Law is specifically designed to protect employees working within the city’s jurisdiction and provides broader coverage than both Title VII and the NYSHRL.

The NYCHRL recognizes that even minor incidents can impact an employee's overall workplace experience. Subtle or infrequent behaviors, if unwelcome and of a sexual nature, can still form the basis of a claim under this law. 

Another key feature of the NYCHRL is its emphasis on employer accountability. Employers can be held liable for harassment perpetrated by employees, supervisors, or even third parties, such as customers and contractors, if they fail to take appropriate corrective actions once made aware of the issue.

Why Understanding These Laws Matters

Each layer of workplace harassment law in New York offers unique rights and protections, allowing victims to pursue claims based on their specific circumstances. Federal law provides a backbone for addressing the most egregious cases, while state and city laws fill the gaps, ensuring broader coverage and accessibility for all workers.

Consulting with an attorney who understands the nuances of these legal frameworks is essential for navigating the complexities of a harassment claim. By leveraging the appropriate laws, victims can work to hold harassers and employers accountable while ensuring their rights are protected at every step.

You Are Not Alone - Call Phillips & Associates Today

Workplace sexual harassment is a challenging reality that too many employees endure in silence. You do not have to face it alone. 

At Phillips & Associates, PLLC, our sexual harassment lawyers in NYC work tirelessly to advocate for victims of harassment in the workplace. We understand the courage it takes to speak out, and we are here to provide the support and guidance you need. 

By working with our team, you gain access to compassionate attorneys who are committed to listening to your story and fighting to secure justice for those harmed in professional settings. Whether it’s holding accountable those responsible or ensuring your voice is heard, we are here to stand by you every step of the way.

• Comprehensive Geographic Reach. With clients across all five boroughs, including the Bronx, Staten Island, and Queens, we have developed an extensive understanding of the workplace dynamics in a variety of industries. Whether you work in Manhattan’s corporate offices or a small business in Westchester County, our attorneys have the knowledge and experience to address workplace harassment cases.
• Risk-Free Legal Support. Cost should never hinder anyone from seeking justice. That’s why we offer free, confidential consultations. Additionally, our contingency-based fee structure ensures that you only pay legal fees if we obtain a favorable settlement or court judgment in your case.
• Proven Track Record of Success. Our firm has achieved over $300 million in settlements and verdicts for clients who were subjected to workplace mistreatment. These results demonstrate our commitment to holding employers accountable while helping employees secure justice for unlawful behavior.
• Recognized for Legal Excellence. We take pride in being one of New York City's largest plaintiff-only employment law firms. This focus enables us to devote all our resources to advocating for employees' rights. Our firm has been named one of New York’s “10 Best Employment & Labor Law Firms” by the American Institute of Legal Counsel.
• A Partner You Can Rely On. Whether your case involves harassment in the workplace, retaliation, or other forms of misconduct, you can rely on our attorneys to provide empathetic and dedicated representation. We work with individuals across diverse industries, tailoring strategies to meet the specifics of each client’s circumstances.

Call us now at (866) 229-9441 or contact us online to set up your free appointment.