New York Sexual Harassment Lawyers

Providing Experienced Counsel To Victims in New York, New Jersey, Pennsylvania, & Florida

Sexual harassment undermines the integrity of professional environments and can deeply impact those who experience it. It doesn’t just disrupt careers but takes a toll on mental health, dignity, and financial stability. It’s a problem that can manifest in various ways, from inappropriate jokes to physical abuse, all of which create environments no one should endure.

Despite increased awareness through movements like #MeToo, the prevalence of workplace sexual harassment remains high. Efforts to reduce harassment in professional settings have seen little progress in the last five years, according to consultancy firm McKinsey. In New York, 35.6 percent of cisgender women, 18.9 percent of cisgender men, and 50 percent of individuals identifying as transgender, nonbinary, or gender nonconforming reported experiences of workplace harassment.

At Phillips & Associates, PLLC, we stand committed to representing workers impacted by sexual harassment. Backed by an extensive understanding of state and federal laws as well as a record of compassionate legal support, we fight to protect the rights of employees while helping them seek justice. Whether you work in New York City or its surrounding regions, our team is here to guide you through the complexities of holding employers accountable. 

It is crucial to call a seasoned lawyer that represents clients about your situation. Contact our NYC sexual harassment attorneys at Phillips & Associates, PLLC online or by dialing (866) 229-9441.

What Is Sexual Harassment?

Sexual harassment in the workplace refers to unwelcome and inappropriate behaviors of a sexual nature that interfere with an employee's ability to perform their job duties or contribute to a hostile, intimidating, or offensive work environment.

Forms of Sexual Harassment

Sexual harassment manifests in three primary forms: verbal, physical, and visual. Each type comes with a range of behaviors that may be overt or covert, and each can singularly or collectively contribute to a harmful work environment.

Verbal Harassment

Verbal harassment is one of the more common forms and involves spoken or written communication of a sexual or inappropriate nature. It includes, but is not limited to:

• Unwelcome sexual jokes or comments.
• Discussions about an employee’s appearance in a sexualized manner.
• Propositioning for dates or personal relationships repeatedly after being rejected.
• Sexual remarks disguised as compliments that feel invasive or demeaning.
• Threats or suggestions linking job security, promotions, or benefits to sexual compliance.

Physical Harassment

Physical harassment involves unwanted physical contact, which may range from minor invasions of personal space to outright criminal acts. Examples include:

• Intentional brushing against someone or standing unnecessarily close.
• Blocking someone's path or cornering them in a confined area.
• Unlawful touching, such as groping, patting, or stroking.
• Crude gestures or suggestive movements, such as mimicking sexual acts.
• More severe cases, such as sexual assault or coerced intimate acts during work-related events or under work-related pretenses.

Visual Harassment

Visual harassment encompasses inappropriate or offensive materials or behaviors that create an uncomfortable or hostile atmosphere. These actions include:

• Displaying sexually explicit images, posters, or screensavers in shared workspaces.
• Sending or showing inappropriate videos, images, or memes through email, social media, or text messages.
• Lewd facial expressions or suggestive body language, such as winking or licking lips.
• Sharing obscene or discriminatory handouts during meetings or presentations.
• Uninvited exposure to pornography or adult content within a work setting, including during virtual communications.

Contexts in Which Harassment Can Happen

Sexual harassment is not limited to the direct confines of the office or workplace. It can happen anywhere professional responsibilities are carried out or where employees gather under the employer’s direction. Some examples include:

• During the hiring process - Applicants may face inappropriate comments or questions unrelated to their qualifications, such as inquiries about their marital or reproductive status.
• At work-related social events - Harassment can occur during team-building exercises, holiday parties, trade shows, or other professional gatherings where boundaries may be crossed under the guise of informality.
• Through virtual platforms - The rise in remote work has seen an increase in harassment over emails, video calls, or private messages in work chat applications.

Types of Sexual Harassment at Work 

There are two primary legal classifications of workplace sexual harassment:

• Quid Pro Quo Harassment 
• Hostile Work Environment Harassment 

Each type describes specific situations and criteria under which harassment occurs, as outlined below. 

Quid Pro Quo Sexual Harassment 

The term quid pro quo translates to "something for something." Within the workplace, this type of harassment happens when someone in a position of authority requests sexual favors in exchange for a professional benefit or threatens adverse consequences if the request is denied. Quid pro quo harassment is particularly harmful because it leverages a worker’s livelihood or career advancement against their consent. 

Examples include:

• Demoting or firing someone who refuses a supervisor’s sexual advances. 
• Sexual bribery or offering a promotion or raise contingent on dating or engaging in sexual activity with a superior. 
• Refusing to hire an applicant unless they comply with inappropriate requests during the interview process. 

Hostile Work Environment Harassment 

A hostile work environment arises when unwelcome sexual behavior is so frequent or severe that it creates a workplace atmosphere that is intimidating, offensive, and harmful to an employee’s well-being. 

Examples of behaviors that may constitute a hostile work environment include:

• Repeated sexual jokes, comments, or innuendos. 
• Displaying sexually explicit images in shared spaces. 
• Lewd gestures or staring. 
• Persistent stalking or attempts to initiate unwelcome romantic relationships. 

To establish a hostile work environment claim, an employee must generally prove:

• They belong to a protected class. 
• They experienced unwelcome harassment. 
• The harassment was sexual in nature. 
• It affected the terms, conditions, or privileges of their employment. 
• The employer knew or should have known about the harassment and failed to act appropriately. 

Key factors such as the frequency of incidents, the severity, and whether the perpetrator was a coworker or supervisor can all determine whether the environment meets the legal standard of being hostile. 

If you are in a hostile work environment or have faced quid pro quo harassment, speak with an experienced sexual harassment lawyer in New York City at Phillips & Associates, PLLC. Call (866) 229-9441 for a free consultation.

Steps to Take If You Are Experiencing Workplace Sexual Harassment 

Taking action against workplace harassment can feel intimidating, but there are several steps you can take to protect yourself and build a strong case should you decide to move forward legally. 

1. Evaluate the Situation 

Start by reflecting on the nature of the harassment. Was it a one-time inappropriate comment, or is there a pattern of ongoing behavior? If the situation feels manageable without immediate escalation, you may consider explaining to the harasser — in a calm and professional manner — that their behavior is unwelcome and unacceptable. However, this is not required, and it is critical to prioritize your safety and comfort.

2. Report the Harassment 

Employers are responsible for addressing harassment, but they cannot act if they are unaware that it is occurring. One of the most important steps is to report the behavior through your company’s internal grievance procedure. This is typically outlined in your employee handbook and often involves reporting to a supervisor, manager, or human resources representative.

It is crucial to submit your complaint in writing. A written complaint not only informs your employer of the harassment but also creates a formal record of your efforts to seek resolution.

3. Document Evidence 

Preserve emails, text exchanges, images, and other communications that support your case. Witness testimony can also be valuable. Where safety and laws permit, you may also use recordings if the harassment occurs during conversations. New York is a one-party consent state, meaning that you can legally record conversations as long as you are a participant in them. 

4. Understand Your Rights 

Employers are prohibited from retaliating against you for filing a harassment complaint or engaging in protected activities like seeking legal advice. Retaliation can take many forms, including termination, demotion, reduced hours, or denial of promotions.

If you suspect retaliation after reporting harassment, document those incidents as well. Examples include emails that change your job responsibilities without justification or sudden negative performance reviews that seem unjustified. Such actions may constitute a separate legal claim.

5. Consult an Attorney 

Consulting an attorney who focuses on employment law is an important step in understanding your legal options. An experienced attorney can:

• Evaluate your situation and determine whether the behavior meets legal definitions of harassment.
• Help you file a charge with the Equal Employment Opportunity Commission (EEOC) or a local agency like the New York City Commission on Human Rights.
• Represent your interests in mediation, arbitration, or court proceedings, if necessary.

An attorney can also provide guidance specific to your circumstances, such as navigating NDA agreements or understanding applicable time limits (known as statutes of limitations) for filing claims. 

What Evidence Can I Gather To Prove Sexual Harassment?

In order to assert a claim for sexual harassment in court, a complainant must provide evidence of the allegedly harassing behavior. State and federal rules of evidence, along with state laws dealing with recordings of conversations and phone calls, outline methods for preserving and presenting evidence of sexual harassment. A complainant can offer evidence in the form of eyewitness testimony, written communications, and recordings of conversations or exchanges, subject to evidentiary rules and state law.

Below are the types of evidence that may be used in a sexual harassment case:

Hearsay Rule

Rule 801 of the Federal Rules of Evidence is perhaps best summarized as a restriction on the use of out-of-court statements as evidence in court. It has many exceptions and a very important exclusion:  statements by an “opposing party,” such as a defendant, are not considered hearsay and are therefore admissible as evidence. Fed. R. Ev. 801(d)(2).

Eyewitness Testimony

Individuals who personally witnessed acts of harassment can testify in court to what they saw. Since a defendant’s statements are not hearsay, they can also testify about harassing statements they heard. They may be subject to cross-examination about their specific testimony and their credibility in general.

Written Evidence

Written communications from an alleged harasser are admissible as evidence, since they are not hearsay. These could include emails, text messages, social media messages, and actual written statements. The complainant must be able to authenticate the writings, meaning they must demonstrate that they originated from the defendant. See Fed. R. Ev. 901.

Recordings

Recordings of conversations are often the most direct evidence of harassing behavior, but they are subject to a complicated series of laws that could lead to legal trouble for the person making the recording. Federal law allows recordings of conversations, both in-person and via telecommunications, as long as at least one person participating in the recorded conversation has consented to the recording. 18 U.S.C. § 2511(2)(d). A person can therefore record themselves talking to another person without that person’s knowledge. This is known as “one-party consent.” A law requiring consent from all parties to a conversation is called “two-party consent.” A person in a state with a one-party consent law could incur legal liability under another state’s two-party consent law if they record a phone call to a person in that state without their consent.

New York has a one-party consent law for any type of communication. N.Y. Pen. L. §§ 250.00, 250.05. Recordings of conversations are admissible as evidence as long as they meet the one-party consent standard. N.Y. CPLR § 4506. 

For experienced guidance, be sure to speak with an NYC sexual harassment attorney at Phillips & Associates, PLLC. Call (866) 229-9441 to set up a free consultation.

Workplace Harassment Laws in New York

New York provides some of the most comprehensive and employee-focused workplace harassment protections in the United States. These laws operate at federal, state, and city levels, each building on the others to provide robust safeguards against sexual harassment. 

Title VII of the Civil Rights Act of 1964

At the federal level, Title VII of the Civil Rights Act of 1964 sets a baseline for addressing workplace harassment as a form of sex discrimination. This law applies to employers with 15 or more employees and prohibits practices such as unwelcome sexual advances, inappropriate behavior, or any actions that create an intimidating, hostile, or offensive work environment. Title VII covers both quid pro quo harassment and hostile work environment claims. 

To succeed in a Title VII claim, the victim must show that the conduct was serious enough to alter the conditions of their employment. Courts evaluate factors such as the frequency of the behavior, its severity, and whether it was physically threatening or merely offensive. Because the standard for proving a claim under Title VII can be stringent, additional protections under New York State and City laws provide critical layers of support to employees.

The New York State Human Rights Law (NYSHRL)

Unlike Title VII, which only applies to employers with 15 or more employees, the New York State Human Rights Law (NYSHRL) extends its protections to employers of all sizes, even those with just a single employee.

Another significant distinction under the NYSHRL is its low threshold for actionable claims. Rather than requiring conduct to be “severe and pervasive,” as mandated by Title VII, the NYSHRL only requires that the harassment rises above what might be deemed “petty slights or trivial inconveniences.” This makes it easier for victims to bring forward claims and seek redress for behavior that, while perhaps not extreme, still fosters an uncomfortable or hostile work environment.

Additionally, the NYSHRL removes certain employer defenses traditionally allowed under federal law. Specifically, employers can no longer argue that they should not be held liable because the victim did not follow internal company complaint procedures. This change places more responsibility on employers to maintain harassment-free workplaces and empowers victims to file claims by removing fear of procedural obstacles.

Additionally, the NYSHRL removes employer defenses traditionally allowed under federal law, including the Faragher/Ellerth defense. This defense permitted employers to avoid liability if they can prove they exercised reasonable care to prevent and correct harassment, and that the victim failed to take advantage of preventive or corrective opportunities, such as internal complaint procedures. Under the NYSHRL amendments, employers are no longer able to rely on this defense.

The New York City Human Rights Law (NYCHRL)

The New York City Human Rights Law is specifically designed to protect employees working within the city’s jurisdiction and provides broader coverage than both Title VII and the NYSHRL.

The NYCHRL recognizes that even minor incidents can impact an employee's overall workplace experience. Subtle or infrequent behaviors, if unwelcome and of a sexual nature, can still form the basis of a claim under this law. 

Another key feature of the NYCHRL is its emphasis on employer accountability. Employers can be held liable for harassment perpetrated by employees, supervisors, or even third parties, such as customers and contractors, if they fail to take appropriate corrective actions once made aware of the issue.

Why Understanding These Laws Matters

Each layer of workplace harassment law in New York offers unique rights and protections, allowing victims to pursue claims based on their specific circumstances. Federal law provides a backbone for addressing the most egregious cases, while state and city laws fill the gaps, ensuring broader coverage and accessibility for all workers.

Consulting with an attorney who understands the nuances of these legal frameworks is essential for navigating the complexities of a harassment claim. By leveraging the appropriate laws, victims can work to hold harassers and employers accountable while ensuring their rights are protected at every step.

Get Dedicated Legal Support from NYC Sexual Harassment Attorneys 

Workplace sexual harassment is a challenging reality that too many employees endure in silence. You do not have to face it alone. 

At Phillips & Associates, PLLC, our dedicated attorneys work tirelessly to advocate for victims of harassment in the workplace. We understand the courage it takes to speak out, and we are here to provide the support and guidance you need. 

By working with our team, you gain access to compassionate counsel who are committed to listening to your story and fighting to secure justice for those harmed in professional settings. Whether it’s holding accountable those responsible or ensuring your voice is heard, we are here to stand by you every step of the way.

Choose Outstanding NY Sexual Harassment Attorneys for Your Case

We pride ourselves on delivering exceptional service and resources, offering a comprehensive approach tailored to meet each client’s unique needs. Discover what sets our firm apart and how we’re positioned to assist you in your fight for justice:

• Comprehensive Geographic Reach. With clients across all five boroughs, including the Bronx, Staten Island, and Queens, we have developed an extensive understanding of the workplace dynamics in a variety of industries. Whether you work in Manhattan’s corporate offices or a small business in Westchester County, our attorneys have the knowledge and experience to address workplace harassment cases.
• Risk-Free Legal Support. Cost should never hinder anyone from seeking justice. That’s why we offer free, confidential consultation. Additionally, our contingency-based fee structure ensures that you only pay legal fees if we obtain a favorable settlement or court judgment in your case.
• Proven Track Record of Success. Our firm has achieved over $110 million in settlements and verdicts for clients who were subjected to workplace mistreatment. These results demonstrate our commitment to holding employers accountable while helping employees secure justice for unlawful behavior.
• Recognized for Legal Excellence. We take pride in being one of New York City's largest plaintiff-only employment law firms. This focus enables us to devote all our resources to advocating for employees' rights. Our firm has been named one of New York’s “10 Best Employment & Labor Law Firms” by the American Institute of Legal Counsel.
• A Partner You Can Rely On. Whether your case involves harassment in the workplace, retaliation, or other forms of misconduct, you can rely on our attorneys to provide empathetic and dedicated representation. We work with individuals across diverse industries, tailoring strategies to meet the specifics of each client’s circumstances.

Call us at (866) 229-9441 or complete our online form. 

Learn More About Sexual Harassment Laws, Behaviors, and Protections

Our site offers a wide range of informative articles designed to deepen your knowledge on sexual harassment. From defining workplace sexual harassment and exploring laws that protect against it to recognizing specific behaviors like sexual gestures, signals, and unwelcome conduct, we cover it all. 

Explore these topics and more to empower yourself with knowledge and actionable insights.

• Define Sex Harassment in the Workplace
• Sexual Harassment Laws
• What Does Sexual Harassment Look Like?
• Sexual Harassment by Industry
• Emoji Sexual Harassment
• Visual Sexual Harassment
• Difference Between Sexual Harassment and Sexual Assault
• Sexual Gestures and Signals
• Unwelcome Behavior
• Adult Survivors Act

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