Top Sexual Harassment Lawyer NYC | Sexual Harassment Attorneys New York City

Sexual harassment lawyer in NYC for over 25 years: Protect your rights from workplace harassment.

Sexual harassment in the workplace occurs when any employee faces unwanted sexual behavior, such as sexual contact, sexual advances, or sexual comments in the workplace. Sexual harassment in the workplace is illegal. The workplace should be a safe environment for everyone. This means employers have a responsibility to prevent harassment. Harassment can take many forms, including verbal and physical abuse. It can target anyone in the workplace, from employees and contractors to self-employed individuals and even job applicants. When they do not, you have the right to hold them accountable. Also, you should know that “consent” is not the issue. You can consent to sexual acts and still have a claim. The issue is “unwanted” – whether sexual contact or comments are unwanted.

When you face sexual harassment in the workplace, working with an NYC sexual harassment lawyer can help you get justice. Our experienced sexual harassment attorneys in New York City can help you get the justice you deserve. With our extensive experience, we have successfully secured millions in victories while supporting the rights of employees throughout New York City.

Schedule a Free Consultation with one of the Best Sexual Harassment Lawyers in NYC.

What Constitutes Sexual Harassment in NYC?

In New York City, sexual harassment is considered unwanted sexual behavior that creates a hostile work environment. This behavior can happen anywhere work-related activities occur, including the office, company events, a client’s workplace, and even online interactions. Importantly, sexual harassment can come from anyone in your workplace. This includes: coworkers, supervisors or managers, owners or employers, customers or clients interacting with you in a work context.

Examples of In-Person Sexual Harassment:

Unwanted physical contact (touching, groping, assault)
Sexual comments or jokes
Demands or expectations of sexual favors
Creating a hostile work environment through sexual comments, jokes, or displays of inappropriate material
Retaliation against someone who complains about sexual harassment

Examples of Online Sexual Harassment:

Sending sexually suggestive emails, texts, or messages
Inappropriate comments, messages, or images sent electronically can all be considered sexual harassment.
Sharing inappropriate images or videos online through work platforms or personal accounts directed at a colleague
Making unwanted advances or comments through online communication platforms used for work purposes
Creating a hostile online work environment through bullying or intimidation with sexual undertones

If you experience sexual harassment, don’t hesitate to reach out for help. There are resources available, and you may want to consider consulting with an attorney specializing in employment law.

What Are the Forms of Sexual Harassment in the New York City Workplace?

Sexual harassment in a New York City workplace can occur as either verbal harassment, physical harassment, or visual harassment. These forms of harassment occur as follows:

Verbal harassment: Verbal harassment includes unwelcome sexual jokes, comments, questions, requests for sexual favors; offensive or derogatory remarks about a person’s sex; and sexualized language or innuendos.
Physical harassment: Physical harassment can include unwanted touching, groping, kissing, unwanted physical contact, being pressured into an unwanted sexual relationship, and indecent exposure.
Visual harassment: Visual harassment includes displaying sexually suggestive posters, cartoons, or other materials, making sexually suggestive gestures, and leering or staring at someone in a sexual manner.

What Are the Types of Sexual Harassment in the Workplace?

Sexual harassment can create a hostile work environment or a quid pro quo situation.

Hostile Work Environment

A hostile work environment can occur when a person’s work environment is made uncomfortable or hostile by sexual harassment. A hostile work environment can include many types of behaviors, such as repeated sexual jokes or sexual comments, unwanted sexual advances, or displaying sexually explicit materials.

Sexual harassment can be directed at anyone, regardless of their gender identity or sexual orientation. Under New York City law, sexual harassment is illegal if it is sexual in nature and unwanted.

Some examples of a hostile work environment due to sexual harassment may include the following scenarios:

Example 1: A woman works in an office in Brooklyn. The company is owned by women and encompasses a predominantly female workforce. The woman works directly with another woman who has been with the company for an additional four years. This seasoned employee has been tasked with training the woman and has made comments every day about the woman’s body.

The new employee has asked the trainer to stop making these comments. She explained she feels uncomfortable with such comments. After several weeks of this, the new employee went to her supervisor to complain. The seasoned employee was reprimanded, however, she was not removed as a trainer for the new employee. However, the trainer now will not provide additional and necessary training to the newer employee. She will not answer any questions and will blame the new employee when an error occurs.

The new employee has asked the supervisor to provide a new trainer. However, the supervisor has refused her request. Each day has gotten worse and finally, the new employee is terminated and told the job does not appear to be a good fit for her. The employee has a right to file a claim for sexual harassment and retaliation since she was subject to sexual harassment and when she complained about it she was wrongfully terminated

Example 2: A man works for a retailer on the Upper West Side. His female coworkers continually email or share memes depicting men in situations in which they are sexualized or made out to be subservient to women. This employee is uncomfortable with such memes and has asked to be removed from the emails.

Instead of removing him, his coworkers begin printing out the memes and posting them in the employee lounge. The employee complains to management and is told to “suck it up.” Furthermore, every time a new meme is printed and displayed, the man removes it and is then promptly written up for his behavior. The retaliation has gotten so bad that he is about to be terminated.

The employee quits before he is fired because he cannot handle the constant harassment and the hostile work environment that resulted from it. He has a right to file a claim for sexual harassment as well as “constructive discharge” against his employer.

Example 3: A Manhattan workplace is filled with men and women. Upper management released a new dress code. According to the code, women are only allowed to wear pencil skirts or fitted pants. The men can wear anything they find comfortable as long as it is clean and presentable.

The women complain that the dress code is sexist. The male supervisors ignore their first complaint. However, as the women come to work in the clothes they feel are appropriate, they get written up for ignoring the dress code. In addition, when they follow the dress code, the men make lude comments about how great they look. The women complain to Human Resources that the office is now sounding like a construction site.

Human Resources refuses to address the issue. Instead, the women get written up when they do not follow the explicit dress code. Therefore, the women have a right to file a lawsuit against their employer for gender discrimination and hostile work environment due to sexual harassment.

Quid Pro Quo Sexual Harassment:

Quid pro quo sexual harassment occurs when an employee is promised advances in the workplace in exchange for sexual favors. Employees would be led to believe that such advances would not occur if they refused sexual advances. Many times, quid pro quo sexual harassment can lead to a hostile work environment when an employee denies these advances or reports the behavior.

Example 1: A male boss asks his female subordinate to go out for drinks one evening. She says no. The next day, her boss is especially mean to her and gives her extra work to do and is overly critical. The next week, he asks her out for drinks again. Not wanting to face his wrath, she reluctantly agrees. He plies her with alcohol and eventually they engage in sexual acts that she did not want. She has a case for sexual harassment and possibly sexual assault.

Example 2: A woman hired a younger man as her assistant inside a company in Manhattan. She and her assistant began dating (against company policy). After about a month, the man broke up with her and intended to remain employed as her assistant. Instead, she fires him because he ended their relationship. He may have a claim for quid pro quo sexual harassment against his employer.
Example 3:  A woman wants to be promoted to Supervisor in her Long Island office. She has worked hard, has received many positive reviews from clients, and is a team player. She puts in her resume to be considered for the promotion.
Her supervisor uses this as an opportunity to ask the employee out on a date. He offers her the position if she agrees to go out with him for drinks and dinner. She refuses these advances. As a result, she is denied the promotion. She has a claim for quid pro quo sexual harassment.

If you believe you are being sexually harassed in your New York City workplace, your best bet is to call a NYC sexual harassment immediately. If you do not wish to speak with an attorney, you should report it, yourself, to your employer immediately. Your employer must investigate your complaint and take appropriate action to stop the harassment. If your employer does not take action, you may be able to file a complaint with the New York City Commission on Human Rights. Working with a NYC sexual harassment attorney can help you ensure you get justice for your claim.

Is Your Employer Retaliating Against You for Reporting Sexual Harassment in NYC?

In New York City, it is illegal for employers to retaliate against employees who report sexual harassment or deny sexual advances. Retaliation can take many forms, including wrongful termination, demotion, reduced hours, shift changes, decreased pay, negative performance reviews, position changes, and suspension.

Example: An employee works in a small office in Queens. This employee’s supervisor has asked them on a date every day for about three months. The employee has politely declined. However, the employee has gotten very tired of the advances. She promised to report the supervisor if the activity did not stop. Prior to this point, the employee had an exemplary record and was up for a promotion.

Her supervisor did not stop asking her out on a date. Therefore, she complained to her manager and the HR department. The supervisor was reprimanded. However, instead of stopping and apologizing, the supervisor began sending the employee home early and within a month, demoted the employee to a part-time assistant.

The employee may have a case for retaliation for complaining about his sexual advances.

If you believe that your employer has retaliated against you for reporting sexual harassment, you may have a claim. Finding the right sexual harassment law firm in NYC can help. The dedicated sexual harassment attorneys at the Derek Smith Law Group can help you understand your rights and fight for justice.

Examples of Sexual Harassment in the NYC Workplace

When you understand how workplace sexual harassment occurs, you can recognize when you encounter it. Some examples of NYC workplace sexual harassment may include:

Being denied a job offer because you declined a date with your potential employer.
Your supervisor often rubs your shoulders whenever he passes you.
You and your boss dated. When you broke off the relationship, you were fired shortly thereafter.
You and your boss dated. When you broke off the relationship, he continues to make unwanted sexual advances or pressures you into continuing to have sex with him.
Your client promises to send more business your way if you agree to provide sexual favors for her.
Your coworker consistently makes sexist comments about women at work. You reported these comments to HR, yet they ignored your complaint.
Your boss sexually assaults you in the parking lot of your office after hours.
You are working late at the office. Your coworker sexually assaults you in your office.
Your client touches you inappropriately while you are in a meeting with him.
You are at a company event when your coworker continues to make unwanted advances towards you.
Your coworker continues to send you emails with sexually explicit content. You have asked them to stop, and they continue anyway.

What Are the Steps to Report Sexual Harassment to Your Employer in New York?

You should take these steps to report sexual harassment at work in New York. The first step would be to document everything that occurs. You should make note of the following details:

What occurred
Who was involved
When it occurred
Where it occurred
Who witnessed the act of sexual harassment
How often did the acts of sexual harassment occur
What you did when such actions occurred
How you felt when you faced sexual harassment

After documenting everything, you should file a complaint with your employer or human resources department in writing. Make sure you obtain a receipt for your complaint. Note the date and time of the delivery of your complaint, as well as who received it. If you sent a copy of your complaint through email, save the sent email and any response.

What Can You Do If Your Employer Ignores Your Complaints of Sexual Harassment?

If you experience sexual harassment at work, you should file a complaint with your employer. However, sometimes your employer or human resources department will ignore such complaints. In these instances, you may have a claim for sexual harassment in the workplace.

You can file a lawsuit against your harasser and employer for allowing the harassment to continue. An attorney can help you file your lawsuit and get the justice you deserve.

The sexual harassment attorneys at the Derek Smith Law Group in New York City can help you file your NYC sexual harassment lawsuit within the proper statute of limitation and with the proper court to ensure your case is heard.

What Type of Evidence is Needed for Your Sexual Harassment Claim in New York City?

The law requires specific types of evidence to help prove your claim for workplace sexual harassment. The three types of evidence include direct evidence, disparate evidence, and policy evidence.

Direct evidence clearly shows sexual harassment. For instance, an email from your manager offering you a raise in exchange for sending her naked photos of you would be a form of direct evidence.
Disparate evidence shows a connection between sexual harassment and adverse employment actions. For example, your boss asks you out on dates for over a month. You keep turning him down. He continues to ask for these dates, and you report him to HR. Prior to reporting him for these actions, you receive 100% positive reviews and commendations during performance reviews and throughout check-ins. One week after reporting him to HR, you are suspended for two days for being five minutes late one day that week. This action would be an example of disparate evidence.
Policy evidence occurs when company policy encourages or allows for sexual harassment at work. For example, if a company policy insists women wear dresses or skirts above their knees and fitted or tailored shirts, the policy could be an example of policy evidence.

These forms of evidence can help your case against your employer for workplace sexual harassment in New York City.

What Evidence Is Needed to Support a Sexual Harassment Claim in the NYC Workplace?

Sexual harassment in the workplace often happens over time and includes several incidents over an extended time period. Keeping a written log of each incident can support your claim of sexual harassment at work. Include the following details in your diary:

Record the time and date of each incident
List all the people directly and indirectly involved in each incident
Record any offensive conversations or remarks made that may support your claim
Keep all related emails, text messages, memos, and screenshots that may help prove your claim
Record when, to whom, and what was said relating to any workplace complaints you filed or made
Record any emotional toll you experienced from the alleged sexual harassment (stress, anxiety, depression)
How the incident made you feel emotionally and physically
How the incident affected your work performance (absenteeism, decreased productivity, difficulty concentrating)
How the incident affected your overall well-being (relationships, social life, mental health)

These records can help you provide your sexual harassment claim and get the justice you deserve. The best NYC workplace harassment lawyers at the Derek Smith Law Group can help.

How Do You Prepare to File a Sexual Harassment Complaint in the Workplace

Before filing your sexual harassment claim in NYC, you should follow these important guidelines.

Do NOT quit your job. Quitting makes it harder to prove your case. However, we understand that sometimes, life at work is so unbearable that no person should be expected to continue to work in such conditions. In such cases, of course, you should quit.
Document the harassment, including date(s), time(s), and location(s.)
File your complaint with your HR department or your employer. Keep a copy of the filed complaint.
Follow company policies and procedures for dealing with sexual harassment.
Keep a journal of all events related to sexual harassment, including your feelings and thoughts.
Seek support for a local sexual harassment support group.
Hire a qualified sexual harassment lawyer in Manhattan, the Bronx, Long Island, or any other of the five boroughs in New York City.

What Does NYC Law Say About Sexual Harassment at Work?

New York City and federal laws protect employees against sexual harassment at work. Laws, such as the New York City Human Rights Law and the New York State Human Rights Law protect employees from sexual harassment in New York City’s five boroughs, including Manhattan, Queens, Brooklyn, the Bronx, and Long Island. The laws protect employees in NYC companies with four or more employees.

Employees can also receive protections under federal law Title VII of the Civil Rights Act of 1964 if they work for a company with fifteen or more employees.

How to File a Sexual Harassment Claim in NYC

As the victim of sexual harassment at work in New York City, you have a right to file a claim to hold your employer accountable. There are several options to file your claim. If you choose to file your claim under federal laws, you can file it with the Equal Employment Opportunity Commission (EEOC). If you choose to file your claim under New York City laws, you can file your sexual harassment claim with the New York City Human Rights Commission (NYCCHR) or go right to court. Finally, you may choose to file under New York State laws, which leads you to file your claim with the New York State Division of Human Rights (NYSDHR).

It is best to consult with a qualified sexual misconduct attorney in New York City to determine which agency and laws are best for your specific claim.

Read on to learn about the procedures to file your sexual harassment claim in the New York City workplace.

EEOC Filing Procedures

We recommend you contact an experienced sexual harassment attorney to handle this. If you prefer not to, here are the steps to file your sexual harassment claim with the EEOC:

Download the complaint form at the EEOC website.
Complete the form and mail it or fax it to the appropriate EEOC office.
Call the EEOC toll-free number at 1-800-669-4000 to file your claim over the phone.

Once the EEOC receives your claim, they will investigate it and issue a Right to Sue Letter if they find sufficient evidence of sexual harassment at work. The Right to Sue Letter will give you the permission you need to proceed with your sexual harassment lawsuit.

NYCCHR or NYSDHR Filing Procedures

In order to file your sexual harassment, claim with the NYCCHR or NYSDHR, follow these steps.

Download the complaint form at the NYCCHR or NYSDHR website.
Complete the form and mail or fax it to the NYCCHR or NYSDHR office in New York City.
Call the NYCCHR or NYSDHR toll-free number to file your claim over the phone.

Once your complaint is received, the NYCCHR or NYSDHR will investigate your claim. If they find enough evidence of sexual harassment in your New York City Workplace, they will hold a hearing. If the hearing is determined in your favor, the NYCCHR or NYSDHR can order your employer to take corrective action, such as paying you back pay owed or paying damages.

Choosing the Right Agency for your New York City Sexual Harassment Claim

Your circumstances determine the best agency to file your New York City sexual harassment claim. A qualified sexual harassment lawyer in NYC can help ensure you file your sexual harassment claim with the appropriate agency. Depending on the details of your claim and the number of employees working in your company, your attorney may recommend filing with one agency over another or simply filing directly in court after trying to reach a pre-litigation settlement.

How a Sexual Harassment Lawyer in NYC Can Help You

Your sexual harassment lawyer in NYC can help you file your sexual harassment claim, gather necessary evidence, and represent you at any hearings to determine eligibility. They can also advise you on your legal rights and options. Working with the experienced workplace harassment attorneys in NYC at the Derek Smith Law Group can help ensure you receive the justice you deserve.

The Statute of Limitations for Sexual Harassment Lawsuits in NYC

Depending on the agency in which you file your sexual harassment claim, your statute of limitations may change. Each agency maintains its own time limits.

On the federal level, you have 300 days to file a charge with the Equal Employment Opportunity Commission (EEOC) for sexual harassment. The EEOC will investigate the charge and issue a Right to Sue letter if there is evidence of discrimination. You have 90 days from the date of the Right to Sue letter to file a lawsuit in federal court.

On the State and City level, you have three years to file a claim with the New York City Human Rights Commission (NYCHRC) or the New York State Human Rights Commission (NYSHRC) for sexual harassment. The organizations will investigate the claim and issue a Right to Sue letter if they find that there is reasonable cause to believe that you were discriminated against. You can then file a lawsuit in state court with the help of a sexual harassment law firm in New York City. You can also go directly to court bypassing the above agencies completely. We also recommend always trying to settle your case pre-litigation and before any filings.

There are also certain laws where in the case of sexual assault, you can sue up to 10 years after the sexual assault.

How Long Will a Sexual Harassment Lawsuit Take in New York City?

The courts in New York City look very unfavorably upon employers that sexually harass employees and job applicants. Therefore, it is in the employer’s best interest to avoid going to court if possible. Your case may settle before trial in as little as 4 to 6 months.

In some cases, the employer may have a policy of not settling these lawsuits, forcing the case to go to trial. If that is the case, the lawsuit process can take anywhere from a year and up to 10 years or longer. An experienced employment discrimination lawyer in NYC, like the dedicated attorneys at the Derek Smith Law Group, will help ensure your case settles quickly.

Schedule a Free Consultation with our experienced NYC Sexual Harassment Lawyer.

What Relief is Available for Sexual Harassment in New York City?

If you have been sexually harassed at work in New York City, you have several legal options. Whichever option you choose, you will seek remedies from the appropriate court. You may receive the following remedies from the courts:

Reinstatement of your position will allow you to go back to your job without any changes in status or pay.
Lost wages repay you the monies that you lost due to the harassment, such as back pay and lost bonuses.
You may receive money related to emotional distress, such as pain and suffering related to the harassment.
Punitive damages pay you money meant to punish your employer to prevent them and other employers from committing such actions in the future.

The courts may also award you attorney’s fees and court costs. Working with a sexual harassment lawyer can help ensure you receive the justice and remedies you deserve. The top sexual harassment lawyers at the Derek Smith Law Group in New York City can help you understand your legal options.

What Happens When Sexual Harassment Occurs Outside of the Workplace?

Sexual harassment can occur at work-related events that happen to be offsite. These events can occur at restaurants, parties, hotels, corporate events, conventions, and other work-related events. Federal, State, and local laws protect employees from sexual harassment whether it occurs during regular working hours at the workplace or offsite at any type of employment-related event.

What Laws Protect New York Citizens from Sexual Harassment in Public Spaces and Schools?

Sexual harassment happens throughout the world, in many situations. It can occur in the workplace, public places, housing situations, and education. Sexual harassment can happen anywhere, not just at work. Several laws protect your rights when you become a victim of sexual harassment in places outside of the workplace.

Under New York State and New York City laws, individuals are protected from sexual harassment in public places, such as hotels restaurants, movie theaters, stores, golf courses, and doctors’ offices or any other service or retail establishment. Under these laws, you have the right to seek monetary damages against the establishment where the harassment occurred.

The Fair Housing Act prohibits any form of sexual harassment in housing. Landlords cannot evict you for refusing sexual advances or promise you favorable rental arrangements (decreased rent, free rent) in exchange for sexual favors. Landlords cannot sexually harass you in any way.

Title IX of the Education Amendments of 1972 prohibits sexual harassment against students, staff, and faculty at any school that gets federal funding. Almost all schools get some federal funding, even private schools that accept federal student loans and grants.

Why Should You Hire an NYC Sexual Harassment Lawyer?

New York City sexual harassment law has many intricacies that may make it difficult to understand and navigate. There are many laws that protect you from sexual harassment in the New York City workplace and beyond. Each law has its own statute of limitations, rules, and applicability. If you file under the wrong law, you may not be able to obtain justice or the compensation you deserve.

Working with a qualified workplace sexual harassment lawyer in New York ensures your case is heard and your claim is properly filed. They will ensure you file your claim within the statute of limitations required by law. They can ensure you file your claim under the best laws for your claim. They can also help you settle your case before any lawsuit is even filed.

Your employer will likely have a qualified sexual harassment defense attorney representing them. Therefore, you must have a lawyer on your side to protect your rights.

A qualified sexual harassment attorney in New York City will help in the following ways:

Help you understand your rights and options
Help you file your complaint correctly and on time
Provide you with proper representation to negotiate with your employer or face them in court
Help you get the compensation you deserve

If you have been sexually harassed at work, it is important to speak with an experienced sexual harassment attorney to discuss your legal options.

Derek Smith Law Group: Your New York City Sexual Harassment Lawyers

If you are experiencing workplace sexual harassment in NYC, contact our expert lawyers for a free consultation. We’re here to help you navigate your legal options and get the justice you deserve. Our team of experienced attorneys understands the unique needs of NYC employees and will fight to protect your rights, whether you work on Wall Street, Broadway, Restaurant Row, or anywhere in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, or Long Island. Contact the Derek Smith Law Group at (212) 587-0760 to schedule a free consultation. We do not collect any money until we win your case.

Frequently Asked Questions

What is sexual harassment in the workplace?

Sexual harassment in the workplace occurs when employees experience unwanted sexual contact, advances, or comments.

Who is affected by workplace sexual harassment?

All employees can experience workplace sexual harassment, whether they are male, female, nonbinary, or any other gender.

Can sexual harassment occur outside of the workplace?

Sexual harassment can occur anywhere. It can occur in public spaces, on school campuses, and in housing. It can also occur at workplace events, such as corporate picnics, parties, and other corporate outings.

What is online sexual harassment?

Online sexual harassment occurs when employees receive online communications (text messages, social media notifications, emails, etc.) of a sexual nature. These communications must be unwanted.

Provide a hostile work environment definition.

A hostile work environment is a work environment where you experience extreme distress usually due to an employer’s, manager’s, or coworker’s repeated harassment. A hostile work environment makes it impossible to conduct your daily work activities.

Provide a quid pro quo harassment explanation.

Quid pro quo harassment occurs is a form of harassment that occurs when an employer, manager, coworker, or client expects sexual favors in exchange for advances in the workplace.

When should you file a claim for workplace sexual harassment?

You should file a claim for sexual harassment as soon as it occurs. However, NYC, NYC, and the federal courts have a statute of limitations relating to filing claims of workplace sexual harassment. These claims must be filed within the time frame determined by the laws’ statutes of limitation.

Will I get compensation for my sexual harassment claim?

The courts may award you damages for your sexual harassment claims. The damages may include lost wages, money for pain and suffering, punitive damages, and attorney fees.

How will a sexual harassment lawyer help me file my claim for sexual harassment in the workplace?

A sexual harassment lawyer can help ensure you file your claim with the proper agency and within the proper time frame. They will work with you from the moment you decide to file a claim until the case settles or ends. They will help ensure you are properly represented against your employer.

How long will a sexual harassment lawsuit last?

A sexual harassment lawsuit can be settled out of court in as little as 6 months. However, it may take a year to 10 years or longer to go through the trial process.

Who commits acts of sexual harassment at work?

Anyone can commit acts of sexual harassment at work. It can come from coworkers, supervisors, managers, owners, the CEO, and customers. No matter how it occurs, an employer must act to correct the problem.

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