What Executives Need to Know about New York State Sexual Harassment Laws
New York state and New York city have made changes to sexual harassment laws to strengthen protections and create safer, more respectful work environments. The updates expand New York employer responsibilities and include stricter requirements for executives, HR, and workplace leaders. Understanding these laws is essential for compliance.
Sexual Harassment Law in New York State
Under New York State Human Rights Law, sexual harassment is defined as unwelcome sexual conduct that creates an intimidating, hostile, or offensive work environment. Some examples are unwanted advances, gender-based harassment, gender discrimination, or any action that hinders an employee’s ability to perform their job effectively.
The law aims to hold perpetrators accountable for creating an unsafe workplace and offers protections against harassment for all employees, interns, and independent contractors.
What Is Considered Sexual Harassment?
Sexual harassment can a range of behaviors, from verbal comments to physical actions, including:
- Unwelcome sexual advances or requests for sexual favors
- Inappropriate or offensive jokes, comments, or language based on gender or sexual orientation
- Unwanted physical contact
- Displaying sexually explicit or suggestive materials
- Actions or comments that create a hostile work environment
These behaviors contribute to an atmosphere that can significantly affect an employee’s well-being, potentially leading to a hostile work environment. New York state law recognizes harassment in any form, including in-person interactions, digital communications, or even during virtual meetings.
Sexual Harassment in the Workplace
In New York state, workplace sexual harassment laws apply to all employers, regardless of size, and extend protections to interns, independent contractors, and other non-traditional employees. In 2021, three new bills—Bill S812A, Bill S.5870, and Bill S3395—were signed by the governor and enacted to further strengthen these protections.
Employers must implement a sexual harassment prevention policy that aligns with the state’s model policy, which sets minimum standards for acceptable workplace conduct and reporting procedures. Regular sexual harassment prevention training is also required to help employees recognize and report inappropriate behavior.
What Remedies Are Available?
Victims of discriminatory workplace practices in New York may be entitled to several remedies, including reinstatement, back pay, and compensatory damages.
Under New York State Human Rights Law, employees can file complaints through the New York State Division of Human Rights (DHR) or pursue claims in court. Other potential remedies include reimbursement for medical expenses, punitive damages, and attorneys’ fees.
Who’s Responsible for Sexual Harassment in the Workplace?
Employer Responsibilities
Accoding to labor laws, New York state employers have a significant responsibility to prevent and address workplace sexual harassment. This includes:
- Implementing a Sexual Harassment Prevention Policy. New York requires employers to adopt a comprehensive policy detailing expectations and reporting procedures.
- Providing Sexual Harassment Prevention Training. All employees must complete interactive, state-approved training that covers examples of sexual harassment, reporting procedures, and protections for victims.
- Maintaining Confidentiality and Addressing Complaints Promptly. Employers must take all complaints seriously and respond with appropriate measures, including investigations and disciplinary action as needed.
Employer Liability
Employers in New York are liable for harassment by managers, employees, and even non-employees under certain conditions.
The New York State Human Rights Law holds employers liable if they were aware of the harassment or should have been aware and failed to take corrective action. The recently updated model policy includes restrictions on retaliatory actions, and employers must be proactive in maintaining a safe, harassment-free work environment.
History of Sexual Harassment Law
Trials and Key Cases
High-profile trials have highlighted systemic issues in workplaces and driven recent legal reforms that close the gaps in applicability and define harassing behavior. Cases involving corporate executives and high-profile public figures have brought the topic of workplace harassment to the forefront, showcasing the need for stronger protections for employees. These trials have underscored that accountability is necessary at all levels and set important precedents that have influenced legislative updates.
Key Legislative Updates
To tackle harassment effectively, New York has enacted several legislative measures. The introduction of stricter policies, employee protections, and resources has been crucial to creating safer workplaces. Legislation has evolved to provide broader protections against harassment and to hold employers more accountable in preventing workplace misconduct.
Local Legislation: The Stop Sexual Harassment in NYC Act
The Stop Sexual Harassment in NYC Act, which is enforced by the New York City Commission on Human Rights, is one of the most impactful local measures introduced to combat workplace harassment.
This act requires that all employers, regardless of size, implement comprehensive anti-harassment policies and provide annual an training program to employees and supervisors. The training must be interactive and cover the rights and responsibilities of both employers and employees. It also extends the statute of limitations—up to three years—for filing a sexual harassment claim, giving employees more time to come forward.
Federal Laws and New York State Laws
New York’s sexual harassment laws complement federal legislation, including Title VII of the Civil Rights Act of 1964 and the U.S. Equal Employment Opportunity Commission (EEOC) guidelines, which protect employees from harassment based on protected characteristics, such as race, color, religion, sex, gender identity, and national origin.
New York’s legislation broadens these protections to protect employees regardless of employer size, which is a step beyond federal standards that typically apply only to employers with 15 or more employees.
Federal and State Legislative Proposals
Recent federal laws and state legislative proposals indicate continued momentum toward even stronger protections for employees. Proposed changes seek to increase support for victims, improve access to resources, and introduce more rigorous reporting and training materials and requirements. These proposals may also include specific measures to expand protections for independent contractors and freelancers, so all individuals working in New York are protected from harassment.
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Recent Changes to New York’s Sexual Harassment Laws
How Did New York’s Sexual Harassment Laws Change in 2022?
In 2022, New York state implemented several significant changes to its sexual harassment laws, enhancing protections for employees:
- Toll-Free Hotline for Reporting and Advice. New York established a hotline to help employees experiencing workplace harassment. This toll-free hotline connects individuals with pro bono attorneys for support and guidance.
- Prohibiting Release of Personnel Files in Retaliation. To protect employees from retaliation, leaking their personnel file, or threatening to release a personnel file is prohibited by the employer and is considered a form of intimidation or retribution for filing a complaint.
- Expanded Protections to All Public Workers. Sexual harassment protections now extend to all public sector employees, including interns, temporary workers, and contractors, ensuring they have the same protections as private-sector employees.
What Changes Have Happened Since?
Since the initial changes in 2022, New York has continued to strengthen its sexual harassment laws, building on protections for employees across the state. Recent updates include additional confidentiality requirements, further guidance on sexual harassment training standards, and expanded protections for vulnerable employees, such as independent contractors.
What Additional Changes Can Be Expected?
Looking forward, New York state lawmakers are considering proposals to expand employee protections further. Proposed updates include more comprehensive training requirements, increased penalties for non-compliance, and additional support for employees navigating harassment claims. These potential changes reflect an ongoing commitment to improving workplace conditions and reducing harassment.
What Does This Mean for Those Who’ve Experienced Sexual Harassment in New York Moving Forward?
Ways to File a Complaint
Victims of sexual harassment in the workplace have multiple options for filing a complaint. They can submit them through the Division of Human Rights website or visit a Division of Human Rights office, as well as file with the Equal Employment Opportunity Commission (EEOC) or internally through their employer’s reporting channels.
When to File
Timing is critical when filing a harassment complaint.
Under New York law, employees generally have three years to file a complaint with the DHR. However, if pursuing a federal claim through the EEOC, complaints should be filed within 300 days of the harassment. Meeting these deadlines is crucial to preserving the right to seek remedies.
Protections Against and Options in the Event of Retaliation
New York state has strong protections against retaliation, making it illegal for employers to take adverse actions against employees who report harassment. This includes disciplinary action, termination, demotion, or any other negative employment-related consequences. If an employee experiences retaliation, they have the right to file a retaliation claim and pursue additional remedies.
Federal Complaint Options
Another option for employees working with organizations that meet federal standards is filing a claim with the EEOC.
The EEOC enforces federal anti-discrimination laws, including protections against sexual harassment, and allows employees to pursue claims if their workplace falls under federal jurisdiction.
Limitations (Employer Size)
New York state’s sexual harassment laws apply to all employers, regardless of the number of employees. This is different than federal law, which typically applies to employers with 15 or more employees. Therefore, even small businesses in New York must comply with all local laws as well as state sexual harassment laws and ensure a harassment-free work environment.
Contact a New York Employment Lawyer Today
If you’ve experienced workplace harassment or are navigating a harassment claim, consulting a knowledgeable New York employment lawyer can be invaluable.
An attorney can advise you on your rights, review evidence, and help you determine the best course of action. They can also represent you throughout the complaint process, whether through state channels like the New York State Division of Human Rights or federal agencies such as the EEOC.
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Robert Ottinger, Esq.
Robert Ottinger is an employment attorney who focuses on representing executives and employees in employment disputes. Before starting his firm, Robert slugged it out in courtrooms trying cases for the government. Robert served as a Deputy Attorney General for the California Department of Justice in Los Angeles and then as Assistant Attorney General for the New York Attorney General’s Office in Manhattan.
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