Sexual Harassment at Work Events, on Business Trips and After Hours in New York

New York State's model sexual harassment prevention policy says unlawful sexual harassment is not limited to the physical workplace itself: it can occur while employees are traveling for business or at employer- or industry-sponsored events or parties.⁠^[1] The same policy says calls, texts, emails and social media use can constitute unlawful workplace harassment even if they occur away from the premises, on personal devices, or during non-work hours.⁠^[1]

If you were assaulted or are in danger. If you are in immediate danger, call 911.⁠^[6] The New York State Domestic and Sexual Violence Hotline is 800-942-6906 (text 844-997-2121), and the national sexual assault hotline run by RAINN is 800-656-HOPE (800-656-4673).⁠^[7][8] See when workplace sexual misconduct is also a crime.

What New York State's model policy says

Every New York employer must adopt the State's model policy or one that equals or exceeds its minimum standards, so its section headed "Where Can Sexual Harassment Occur?" sets a baseline for employers' own policies.⁠^[9][1] That section, and the examples elsewhere in the State policy, cover:

• Business travel. Harassment can occur while employees are traveling for business.⁠^[1]
• Events and parties. It can occur at employer-sponsored or industry-sponsored events or parties.⁠^[1]
• Calls, texts, emails and social media. These can be workplace harassment even away from the premises, on personal devices or during non-work hours.⁠^[1]
• Remote work. Harassment can occur when employees work from home, on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones.⁠^[10]
• Customers and clients. The policy's examples include sexual advances or pressure placed on a service-industry employee by customers or clients.⁠^[11]

The State model policy also says the intent of the behavior, for example making a joke, does not neutralize a harassment claim.⁠^[12] Harassment through screens is covered in more depth in harassment by text, chat, email and video call.

How the legal tests apply away from the office

The model policy is a State-written template for employers' internal rules; adopting it is not itself a defense to a claim, and each claim is decided under the applicable legal standards.⁠^[13] Those standards come from statute and case law, and they differ by layer.

Layer	What the law asks
New York State (New York State Human Rights Law, NYSHRL)	Whether the harassment subjects the person to inferior terms, conditions or privileges of employment because of a protected category, regardless of whether it would be considered severe or pervasive.⁠[2]
New York City (New York City Human Rights Law, NYCHRL)	Whether the person was treated less well than other employees because of gender.⁠[14]
Federal (Title VII)	Whether the conduct was severe or pervasive enough to alter the conditions of employment and create an abusive working environment.⁠[15]

Under the State and City laws the employer can raise a defense that the conduct amounted to no more than what a reasonable victim of discrimination would consider petty slights or trivial inconveniences.⁠^[2][16] One episode at one event can be enough under State policy and City case law: New York State's model policy says even a single incident can be discrimination, and courts applying the City law have said even a single comment may be actionable in the proper context.⁠^[12][17] See can a single incident be enough?

Federal law: the EEOC's 2024 harassment guidance has been rescinded

Older articles may point to the EEOC's Enforcement Guidance on Harassment in the Workplace for off-site and online conduct. That document is no longer in force. The EEOC issued it in April 2024, and on January 22, 2026, the Commission voted 2-1 to rescind it in full.⁠^[18][3] In announcing the vote, the EEOC's Chair stated that federal employment laws against discrimination, harassment and retaliation, and Supreme Court precedent interpreting those laws, remain firmly in place.⁠^[4]

The EEOC's current harassment page says an employer will be liable for harassment by non-supervisory employees, or by non-employees over whom it has control, such as independent contractors or customers on the premises, if it knew or should have known about the harassment and failed to take prompt and appropriate corrective action.⁠^[19] The EEOC's regulation on non-employees refers to sexual harassment of employees "in the workplace" and says the Commission will consider the extent of the employer's control.⁠^[20]

Who the harasser is still matters

Where the conduct happened is one question. Whether the employer is legally responsible for it is another, and that depends in part on who did it.

• A supervisor or manager. Under the City Human Rights Law, the employer is liable for harassment by an employee or agent who exercised managerial or supervisory responsibility.⁠^[21] Under federal law, the employer is vicariously liable for a hostile environment created by a supervisor, subject to an affirmative defense when no tangible employment action was taken.⁠^[22]
• A coworker. Under the City Human Rights Law, the employer is liable if it knew of the conduct and acquiesced or failed to take immediate and appropriate corrective action, and it is deemed to know what its managers and supervisors know; it is also liable if it should have known of the conduct and failed to exercise reasonable diligence to prevent it.⁠^[23][24] Under federal law, the employer is liable for a coworker's harassment only if it was negligent in controlling working conditions.⁠^[25]
• A client, customer or vendor. New York State's guidance says third-party harassment is covered by the State Human Rights Law and that a manager who witnesses it is obligated to accommodate the employee.⁠^[26]
• A contractor or vendor who is the one harassed. Under the State Human Rights Law, an employer can be liable to non-employees providing services in its workplace when it knew or should have known of the discrimination and failed to take immediate and appropriate corrective action; the extent of the employer's control is considered.⁠^[27]

Under the State Human Rights Law, the fact that a person did not complain to the employer is not determinative of whether the employer is liable.⁠^[2] The comparison across layers is in supervisor or coworker: when the employer is legally responsible and harassment by customers, clients, patients or vendors.

Managers at the event have duties under the State model policy too. A supervisor or manager who witnesses harassment as a bystander is required to report it, and supervisors can be disciplined for failing to report suspected harassment or allowing it to continue.⁠^[28][29]

Business trips and conduct outside New York

A trip that crosses state lines raises a separate question: which place's law applies? The State and City rules turn on where the person lives and works and where the impact was felt.

• New York residents. The State Human Rights Law applies to an act committed outside the state against a resident of New York if the act would be an unlawful discriminatory practice had it been committed within the state.⁠^[30]
• Non-residents. A person who does not live in New York must plead and prove that the alleged discriminatory conduct had an impact within the state.⁠^[31] The Court of Appeals has described two ways to do that: working in New York, or showing the conduct had some impact on the person within New York's boundaries.⁠^[32]
• New York City. The same impact requirement applies to the City Human Rights Law with the city's boundaries, and the Court of Appeals has said the City law protects non-residents who work in the city.⁠^[33][34]
• Mostly-remote workers based elsewhere. New York State's guidance says a person who lives in another state and works entirely or mostly remotely is not covered by the State Human Rights Law for harassment experienced while not in New York, but is covered for harassment experienced while physically present in New York.⁠^[35][36]

The fuller treatment is in does New York law apply if I work remotely or live out of state?

Retaliation away from work

Retaliation follows the same pattern. New York State's model policy says retaliatory actions need not be job-related or occur in the workplace, and gives two examples: threats of physical violence outside of work hours, and disparaging someone on social media.⁠^[5] The legal rules are in retaliation after reporting sexual harassment.

When off-site conduct may also be a crime

New York State's model policy tells employees that harassment involving unwanted physical touching, coerced physical confinement or coerced sex acts may constitute a crime, and that those wishing to pursue criminal charges are encouraged to contact their local police department.⁠^[37] See when workplace sexual misconduct is also a crime and civil time limits for sexual assault.

Reporting and keeping a record

Under New York State's model policy, a report to the employer can be made verbally, by email or on the complaint form, and can be made on behalf of someone else.⁠^[38] The policy's model investigation includes steps to obtain and preserve relevant documents, emails and phone records.⁠^[39] It also warns that complaining internally does not extend the time to file with the Division of Human Rights or in court.⁠^[40]

Some practical points for conduct that happened away from the office:

• Write down where it happened, the date and time, who organized or paid for the event or trip, and who else was there.
• Keep the invitation, itinerary, expense or travel records and any group messages that show the event was connected to work.
• Save texts, direct messages and call logs as they are, with dates and sender names visible. Do not delete your own side of a conversation.
• Note whether a manager was present and what, if anything, that person did.

More detail is in building a record: notes, messages and documents and how to report harassment to your employer. Filing periods for each forum are collected in every deadline in one table.