Sexual harassment by a coworker creates a negative and hostile work environment. It can harm your mental health, hurt your career, and make it hard to do your job. Many victims are scared to speak up because they worry about retaliation or that they won’t be believed.
You don’t have to deal with this alone. Sexual harassment is illegal under New York and federal law, and employers have to protect their workers. Knowing your rights and legal options is the first step toward addressing workplace harassment.
This guide covers everything you need to know about workplace sexual harassment, including what to do if it happens to you, your legal rights and protections, how to document and report harassment, and how an experienced sexual harassment lawyer can help.
Understanding Sexual Harassment in the Workplace
Sexual harassment at work means any unwanted sexual behavior that makes you feel uncomfortable or threatened. This can include words, actions, or digital messages. It affects people of all genders and can come from any coworker.
There are two main types of sexual harassment:
- Quid pro quo sexual harassment: When someone with authority demands sexual favors in exchange for job benefits like promotions or keeping your job.
- Hostile work environment: When unwanted sexual advances, comments, or actions make it difficult or uncomfortable to work.
Both New York State and federal laws protect workers from sexual harassment. Employers must provide a safe workplace free from harassment. New York state laws has some of the strongest protections in the country, covering all employers regardless of size.
Recognizing Sexual Harassment by a Co-Worker
Sexual harassment by coworkers can be subtle or obvious. It’s important to know the signs and recognize them early. Some harassers may try to pass off their behavior as “just joking” or “being friendly.”
Common forms of harassment from coworkers include sexual remarks about your appearance, sharing inappropriate jokes or images, repeated unwanted requests for dates, and unwelcome touching or standing too close. These actions can happen during work hours, at office events, or even outside of work.
Sexual harassment can occur in several ways:
- Sexual harassment through words
- Making sexual jokes or comments
- Spreading sexual rumors
- Making unwanted comments about someone’s body
- Using sexual nicknames
- Physical harassment
- Touching someone without permission
- Blocking someone’s path
- Following someone around
- Making sexual gestures
- Brushing against someone on purpose
- Digital harassment
- Sending inappropriate text messages or emails
- Sharing sexual images
- Making sexual comments on social media
- Sending unwanted messages after work hours
To protect yourself, start documenting harassment as soon as it happens. Keep detailed notes with dates, times, and descriptions of each incident. Save any texts, emails, or messages. Tell trusted coworkers what’s happening and note if they witness any incidents.
You should contact a New York sexual harassment lawyer when:
- The harassment doesn’t stop after reporting it.
- Your employer ignores your complaint.
- You face retaliation for reporting.
- The harassment is severe.
- You feel unsafe at work.
- You’re unsure about your rights or next steps.
Legal Frameworks Protecting Employees
Multiple layers of laws work together to protect you from sexual harassment at work, from the federal down to the city level. Each law provides different protections and options for victims. Here’s what you need to know.
- New York State Human Rights Law: Covers all employers regardless of company size, gives you three years to file a claim, and you don’t need to file with any federal agency first. The law was strengthened in 2019 to remove the requirement that harassment be “severe or pervasive” to be illegal.
- Title VII of the Civil Rights Act of 1964: The foundation of federal workplace protection, this law requires employers with 15 or more employees to maintain a harassment-free workplace. You must file a charge of discrimination with the EEOC within 300 days of the harassment, and they will investigate your claim before you can file a federal lawsuit.
- The New York City Human Rights Law: Provides the broadest protection for NYC workers and applies to any employer with 4 or more employees. The NYC sexual harassment law is interpreted very favorably for workers and allows you to file a lawsuit directly in state court. It also provides for punitive damages and attorney fees if you win.
Specific protections against co-worker harassment: The law recognizes that harassment between coworkers is a serious problem. Employers must take steps to prevent and address any harassment, whether it happens in the office, at work events, through digital communications, or even outside work if it affects the workplace. This includes investigating complaints and taking appropriate disciplinary action.
Steps to Take When Experiencing Workplace Sexual Harassment
If you’re facing unwelcome sexual advances or harassment at work, it’s crucial to act quickly and be organized. Here’s what you should do.
First, start documenting immediately. Write down every incident of unwelcome sexual advances or harassment, including:
- Date, time, and location
- Exactly what happened
- Names of anyone who saw it
- How it affected your job performance
- Save any evidence of sexual nature (texts, emails, photos).
Next, report to your employer:
- Notify your direct supervisor in writing.
- File a formal complaint with human resources (HR).
- Follow your company’s internal complaint procedures.
- Note how management responds to your sexual harassment complaint.
Then, gather and preserve evidence:
- Screenshot inappropriate messages.
- Save emails about gender discrimination or harassment.
- Keep records of any changes in work assignments.
- Document any retaliation.
- Ask witnesses to write down what they saw.
If the harassment continues:
- Follow up with HR in writing.
- Document if your complaints aren’t addressed.
- Note any retaliation against victims of workplace sexual harassment.
If you experience sexual assault or feel unsafe, contact law enforcement immediately. Remember, sexual harassment is illegal regardless of your gender identity or sexual orientation. These records will be crucial if you need to file a sexual harassment lawsuit later.
Filing a Workplace Sexual Harassment Claim
Filing a sexual harassment claim can be complex. New York’s sexual harassment laws protect you through different agencies and processes. Each path has specific deadlines and procedures you must follow. Below is what you need to know about filing a claim.
Administrative filing options:
- File with the Equal Employment Opportunity Commission (EEOC) within 300 days of the harassing conduct.
- Submit a complaint to the New York State Division of Human Rights within three years.
- Consider filing with both agencies to maximize your protection.
- Your lawyer can help determine the best filing strategy for your case.
Information required for filing:
- Detailed description of the harassment
- Names of harassers and witnesses
- Evidence of employment discrimination or retaliation
- Documentation of any demotion or other workplace changes
- Copies of previous complaints to your employer
Important deadlines:
- EEOC: 300 days from the incident
- NY State claims: three years from incident
- City claims: three years from the incident
- Claims against non-employee harassers: Different deadlines may apply
Potential Damages and Compensation
If you win a sexual harassment case, you may be entitled to several types of compensation. An expert sexual harassment attorney can help you get the full compensation you deserve.
Financial compensation:
- Back pay for lost wages if you had to leave your job
- Future lost wages if you can’t return to work
- Benefits you lost due to harassment
Emotional damages:
- Compensation for mental distress
- Payment for anxiety and depression treatment
- Compensation for family relationship impacts
- Payment for reduced quality of life
Additional compensation:
- Punitive damages in cases of extreme harassment
- Interest on lost wages
- Attorney fees and legal costs
- Career counseling costs
Protecting Against Retaliation
After reporting sexual harassment, you are legally protected against retaliation. Employers cannot punish you for speaking up about harassment or participating in an investigation. Here’s what you need to know to protect yourself:
Legal protections:
- It’s illegal for employers to fire, demote, or harass you for reporting.
- Protected activities include filing complaints, being a witness, or helping others report.
- Protection covers both formal and informal harassment reports.
- Even if the original harassment claim isn’t proven, retaliation is still illegal.
- These protections apply to all employees, regardless of position.
Common forms of retaliation:
- Being fired or demoted
- Getting unfair performance reviews
- Being moved to less desirable shifts
- Receiving reduced hours or pay
- Being excluded from meetings or projects
- Facing hostile treatment from management
- Getting unfair discipline
Retaliation often adds significant value to your legal case. If you experience any negative changes after reporting harassment, tell your lawyer immediately.
What to Expect During a Consultation with a New York Lawyer For Sexual Harassment by A Co-Worker
Initial meeting goals:
- Share your story in a confidential space
- Learn about your legal options
- Understand the time limits for filing
- Review the evidence you’ve collected
What to bring:
- Written timeline of harassment incidents
- Examples of sexual harassment (texts, emails, photos)
- HR complaints and employer responses
- Medical records related to emotional distress
- Names and contact info. of witnesses
- Employment documents and conditions of employment
Questions your lawyer will ask:
- How has harassment affected your work performance?
- What steps have you taken to report it?
- Are other victims of sexual harassment?
- How did your employer respond?
Next steps:
- Setting up case documentation
- Planning immediate protective measures
- Understanding attorney fees
- Creating an action plan
Contact a New York Lawyer For Sexual Harassment by A Co-Worker Today
Since 1999, Ottinger Employment Lawyers have given legal advice to victims of workplace sexual harassment and taken legal action where appropriate to get justice and fair compensation. We understand how difficult it is to face harassment at work, and we’re here to protect your rights and guide you through the legal process.
Contact our law firm for an initial consultation with an experienced New York attorney to learn how we can help you.
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