Understanding New York City Harassment Laws
It is important to understand your rights in the workplace. The NYC harassment law attorneys at Derek Smith Law Group, PLLC offer a brief overview below of some New York harassment laws that are applicable to the workplace.
NY State Policy Statement on Sexual Harassment – Executive Order No. 19
New York State Policy Statement on Sexual Harassment in the Workplace (Executive Order No. 19) clearly defines and outlines New York City harassment law. Sexual harassment is a form of employee/employer misconduct that requires disciplinary action against co-workers, supervisors, and managers who knowingly allow harassing behavior to occur.
Regarding harassment law in New York, the State Order defines sexual harassment as “any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature when:
- submission to the conduct is either explicitly or implicitly a term or condition of an individual’s employment;
- submission to, or rejection of, such conduct by an individual is used as a basis for employment decisions affection such individuals; or
- the conduct has the purpose, or effect, of unreasonably interfering with an affected person’s work performance or creating an intimidating, hostile, or offensive work environment.” (GA 812 03-07)
Individuals working in NYC are not only protected by several important New York harassment laws and federal laws—they are also protected under the NYC Human Rights Law, which in some ways provides even stronger protection.
Other types of discrimination and harassment law in New York
Like other anti-discrimination laws, the NYC Human Rights Law also prohibits employment discrimination based on race or color, ethnicity, religion, gender, age, and disability. But this harassment law in New York City also protects certain statuses not covered by federal and state laws, including sexual orientation and gender identity, marital or partnership status, or an individual’s status as a victim of sex offenses, including domestic violence and stalking.
The NYC Human Rights Law also provides a broader definition of protected categories. For example, its definition of what constitutes a disability includes conditions not covered by other laws and sexual discrimination includes not only gender discrimination but also gender identity.
The New York City Human Rights Law is a law that applies to any employer who has four or more individuals working for them. This provision makes its protection broader than that under federal law that only applies to companies with at least fifteen employees.
For additional information
Visit some of our other pages for additional information on New York sexual harassment law and NYC sex harassment attorneys by following the links below:
- Sexual Harassment