Dear New Yorkers,
Sexual
Harassment
In The Workplace:
Know Your Rights
Unwelcome comments or advances; promises of
advancement in exchange for sexual favors; offensive
“jokes” — sexual harassment can take many forms. It
affects not just the victim, but co- workers, families, and the
workplace at large. We all have a stake in preventing it and
stopping it when it happens.
Victims of sexual harassment are often too afraid or
embarrassed to come forward. It is important that all
workers know that there is help available for those who
be- lieve they are being illegally targeted. I am committed
to equal- ity in the workplace and to the enforcement of
federal, state, and local laws that give employees the right
to be free from sexual harassment. If you have questions
about harassment and dis- crimination in the workplace,
please contact my office’s Civil Rights Bureau.
All New Yorkers have the right to a workplace free from
sexual harassment and discrimination. Let us know if you
need help.
Sincerely,
Office of the NYS Attorney General
Civil Rights Bureau
28 Liberty Street,
New York, NY 10005
(212) 416-8250
U.S. Equal Employment Opportunity Commission
1-800-669-4000 1-800-669-6820 (TTY)
[email protected] eeoc.gov
NYS Division of Human Rights
1-888-392-3644
http://www.dhr.ny.gov
NYC Commission on Human Rights (NYCCHR)
311 or 212-306-7450
http://www.nyc.gov/html/cchr/
Resources
New York State Office
of the Attorney General
Letitia James
Attorney General
of New York
Letitia James
If You Need Support
Being sexually harassed can be a traumatic experience.
Places to find support include:
• Woman’s Justice NOW Helpline: (212) 627-9895
• Legal Momentum Equality Works Program: (212) 925-6635
• Safe Horizon Crime Victim’s Hotline: (866) 689-HELP (4357)
or Rape & Sexual Assault Hotline: (212) 227-3000
Sexual Harassment Defined
Sexual harassment is a form of gender-based discrimination.
It involves unwelcome sexual conduct that:
• Is used as the basis for hiring or other employment decisions,
such as promotions, raises or job assignments;
• Creates an intimidating, hostile or offensive work environment.
• The harasser can be a supervisor, a co-worker or someone who
is not an employee, such as a client or customer. Harassment
is illegal when it is so frequent or severe that it creates a hostile
or offensive work environment or when it results in an adverse
employment decision.
Sexual harassment may be verbal, visual and/or physical,
including:
• Sexually offensive remarks or jokes;
• Unwanted touching or groping;
• Coerced sex acts;
• Requests for sexual favors of a sexually suggestive nature (e.g.,
asking employee to dig coins out of a supervisor’s pants pocket);
• Displaying pornographic images;
• Comments (either complimentary or derogatory) about a
person’s gender or sexual preferences;
• Sexual gestures (e.g., pantomiming sex acts).
Sexual harassment is prohibited by Title VII of the 1964 federal Civil
Rights Act, New York State Human Rights Law and, in some instances,
local law (for example, the New York City Administrative Code). The
NYS Human Rights Law also protects against harassment based on
gender identity or transgender status. Harassment on the basis of
actual or perceived sexual orientation is also prohibited by the New
York State Orientation Non-Discrimination Act (SONDA). For more
information on SONDA, visit ag.ny.gov/civil-rights/sonda-brochure.
Sexual Harassment Outside the Workplace
Sexual harassment can occur in contexts other than the workplace:
in housing, school, or other public accommodations.
If you feel that you have been sexually harassed by, for example,
a landlord, teacher, or service provider, you should consult with
an attorney who can explain all the available options.
Filing Complaints
Follow Employer Procedures First
You should first contact the person or office who may have been
designated by your employer to receive such complaints.
Consult an Attorney
Beyond reporting harassment to your employer, there is no one right
answer about how to proceed. It is advisable to consult an attorney who
can explain all of the available options. Note that there are deadlines or
filing a complaint under each of the laws prohibiting sexual harassment.
Ask the agencies listed about specific procedures and time limits that
apply. You will find contact information for all the agencies on the back of
this brochure.
Office of the New York State Attorney General (OAG) Civil Rights Bureau
The Civil Rights Bureau determines whether your experiences are evidence
of a pattern, practice or policy of sexual harassment affecting a significant
number of people. The Bureau may then commence an investigation
and/or initiate legal action against the employer. NOTE: The Attorney
General represents the People of the State of New York, not the individual
making a complaint. Filing a complaint with the OAG is not a substitute for
bringing a case in court, and it does not affect any of the filing deadlines
or other administrative prerequisites for filing a case in court or with other
government agencies.
NYS Division of Human Rights (SDHR)
Complaints of sexual harassment may be brought under the State
Human Rights Law against an employer of any size. The State Human
Rights Law allows individuals to file a complaint with the SDHR or
proceed directly to court. The scope of and procedure for filing
complaints under local human rights laws may differ from those of the
State Human Rights Law. For instance, sexual harassment complaints
under the NYC HRL may only be brought against an employer with
more than 4 employees.
U.S. Equal Employment Opportunity Commission (EEOC)
Sexual harassment complaints under Title VII of the federal Civil
Rights Act may only be brought against employers with more than
15 employees and must be filed with the EEOC before commencing
litigation. The EEOC is a federal administrative agency that
investigates employment discrimination complaints brought under
federal law.
Filing a Lawsuit in State or Federal Court
Depending on the law on which a complaint is based, an individual
may also have the right to file a lawsuit against their employer in
state or federal court. Although a Title VII claim may only be brought
in court after a charge is first filed with the EEOC, the NYS HRL does
not require individuals to file a complaint with the SDHR or any other
agency before bringing an action under the law in court.
Protections Against Retaliation
Retaliation for making a complaint about sexual harassment is prohibited by law. If this occurs, you may have a separate claim of retaliation in
addition to any claim of sexual harassment. Retaliation occurs when the terms and conditions of one’s work are unfavorably changed as a result of
one’s reporting sexual harassment or cooperating with the investigation of a sexual harassment complaint or lawsuit. If you believe you have suffered
retaliation, you should consult with an attorney and inquire with the agencies listed above as to the specific time limits and procedures that apply.
Women, Men, and Third Parties are Protected
The law protects both men and women, and also covers incidents in which the harasser and the victim are of the same sex, regardless of sexual
orientation. Third parties may complain when one or more of the following occurs: (1) submission to sexual demands is a general condition of
employment; (2) harassment directed at others adversely affects the third party’s work environment; or (3) offensive sexual conduct, even if
consensual between the parties involved, is creating a hostile work environment for the third party.
Sometimes the Harassment Is Criminal
If the harassment involves physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. If you believe
you have been the victim of a crime, you should file a report at your local police department. However, the conduct need not be criminal in nature to
constitute unlawful gender-based discrimination.
If you believe that you have been a victim of sexual harassment, contact our office on the back of this publication.
