Sexual harassment at work is illegal regardless of gender. When both the harasser and the victim of sexual harassment are the same sex, these cases can be harder to recognize, report, and take legal action. Common examples include supervisors demanding sexual favors or corkers creating a hostile work environment with unwanted advances or inappropriate behavior.

This guide explains your legal protections under New York and federal law, how to document incidents, where to file complaints, and how to find a lawyer.

What Is Same-Sex Sexual Harassment?

Same-sex sexual harassment happens when both the harasser and victim are the same gender. It includes unwanted sexual advances, requests for sexual favors, or other sexual behavior that affects job performance or makes the workplace uncomfortable.

Same-sex harassment cases can be harder to report. Victims may be afraid to come forward because they’ll be outed or face discrimination. There are also misconceptions that sexual harassment only happens between men and women, which can make these cases less likely to be taken seriously.

Types of same-sex sexual harassment:

  • Quid pro quo: When job benefits or conditions depend on sexual favors. Example: A male supervisor demanding sexual acts from a male employee in exchange for promotion.
  • Hostile work environment: When sexual behavior is severe or happens often enough to create an intimidating workplace. Example: A coworker repeatedly makes sexual comments, shares explicit materials, or touches another employee of the same gender.

Recognizing Same-Sex Sexual Harassment by a Co-Worker

Common forms of same-sex workplace harassment often come from gender stereotypes, sexual orientation assumptions, or power dynamics. This can include teasing about gender expression, invasive personal questions about sexuality, or attempts to shame or control someone based on their perceived sexual orientation.

Key harassment behaviors to watch for:

  • Verbal: Sexual jokes about gender identity, explicit comments about body parts, or spreading rumors about someone’s sexual orientation
  • Physical: Unwanted touching, blocking movement, or sexual assault
  • Digital: Stalking on social media, sending unwanted sexual messages or photos

The psychological impact of same-sex sexual harassment can be severe. Victims are often  traumatized from being targeted by someone of the same gender, which can affect their sense of identity.

Red flags that may indicate sexual harassment:

  • Repeated comments about appearance or sexuality even after being asked to stop
  • Threats to “out” someone’s sexual orientation
  • Patterns of targeting employees based on gender expression
  • Retaliatory employment actions after reporting harassment

If you experience these behaviors, talk to HR or an employment attorney.

Employer responsibilities: Companies must have clear anti-harassment policies, train employees about same-sex harassment, promptly investigate all complaints, and take appropriate corrective action when necessary.

What to Do if You Experience Same-Sex Sexual Harassment in the Workplace

1. Document everything

  • Record the date, time, and location of each incident
  • Write down the exact words and actions used
  • Note any witnesses present

2. Report the harassment

  • Follow company harassment reporting procedures
  • Submit a written report to HR or a supervisor
  • Document who you reported to and their response

3. File a formal complaint

  • Submit formal complaint following company policy
  • Ask for written confirmation that they received it

4. Preserve evidence

  • Take screenshots of inappropriate messages
  • Keep a timeline of all harassment-related events

Filing a Same-Sex Sexual Harassment Claim

  • Administrative procedures: Start with either EEOC, NYS Division of Human Rights, or NYC Commission on Human Rights. You must file with one of these agencies before pursuing a federal lawsuit. You can file with multiple agencies, but coordinate with your lawyer to avoid duplicate proceedings.
  • EEOC complaint process: File within 180 days of harassment. The EEOC will investigate and may attempt mediation. If EEOC doesn’t resolve the claim, they issue a “right to sue” letter, which gives you 90 days to file a federal lawsuit.
  • NY State Division of Human Rights: Offers an alternative to EEOC. Has a 300-day filing deadline and more comprehensive protections. Investigation typically takes 6-12 months. Complaints can be filed online, by mail, or in person.
  • Statute of limitations:
    • Federal claims (Title VII): 180 days to file with EEOC
    • New York State Human Rights Law: 3 years for court filing
    • New York City Human Rights Law: 3 years for court filing
    • State court claims: Generally 3 years from the last incident

Potential Damages and Compensation in Same-Sex Harassment Cases

Victims of same-sex harassment can receive compensation for several types of damages. These include back pay for lost wages, front pay for future earnings, and benefits lost due to harassment or wrongful termination. Reinstatement to their position may be available, though this isn’t always practical given workplace dynamics.

Emotional distress damages cover psychological harm, anxiety, depression, and trauma resulting from harassment. Courts consider factors like the severity of harassment, duration, and documented mental health impact. Medical records and expert testimony often support these claims.

Victims can also recover costs for therapy, counseling, and other mental health treatment needed due to harassment. Additional compensation may include job search expenses and career development costs if forced to change employment.

Punitive damages may be awarded in extreme cases, like if the harassment was severe or the employer ignored or allowed the sexual harassment. These damages are to punish the wrongdoer and deter similar conduct. New York City Human Rights Law allows uncapped punitive damages, while federal law limits them based on employer size.

If you win your case, attorney fees and legal costs are usually covered. Settlement amounts vary widely based on how strong your evidence is, how serious the harassment was, and how big the employer is.

Finding the Right Discrimination Lawyer

It’s important to choose a sexual harassment attorney who understands LGBTQ+ workplace issues. They should have experience with sexual harassment cases and thorough knowledge of sexual orientation discrimination laws at every level.

Here are some key questions to ask during the consultation:

  • Can you share examples of same-sex harassment cases you’ve handled and their outcomes?
  • How do you protect client privacy, especially regarding sexual orientation and gender identity?
  • What’s your strategy for dealing with employer retaliation in these cases?

A good lawyer will understand the unique challenges of same-sex harassment and how to present your case effectively.

What to Expect During a Consultation with a New York Lawyer For Same-Sex Sexual Harassment by A Co-Worker

  • Confidential case evaluation:
    • Share your complete workplace harassment experience
    • Review any documentation you’ve gathered
    • Discuss workplace relationships and power dynamics
  • Rights and legal options assessment:
    • Review protections under federal, state, and city laws
    • Explain Supreme Court precedents supporting your case
    • Discuss potential discrimination claims available
  • Strategy development:
    • Assess immediate steps to protect your employment
    • Identify the best venue for your case (EEOC, state, or federal court)
  • Next steps and timeline:
    • Set timeline for filing discrimination claims
    • Discuss legal fees and payment arrangements
    • Outline communication expectations going forward

Contact a New York Lawyer For Sexual Harassment by A Co-Worker Today

Ottinger Employment Law has extensive experience helping employees protect their rights and seek justice in sexual harassment lawsuits. We understand the complexities of same-sex harassment claims and the courage it takes to come forward. Our experienced New York employment discrimination attorneys offer confidential consultations to discuss your situation and outline your legal options.
Contact us today to schedule your confidential case evaluation.

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