Sexual Harassment Lawyer New York

What happened to you at work was not your fault, and it was not okay. If you have experienced sexual harassment in a New York workplace, you have legal rights — strong ones — and Joya Law Firm is prepared to help you enforce them.

New York has some of the most protective anti-harassment laws in the country. Whether you work in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, or anywhere in New York State, you do not have to tolerate unwanted sexual conduct as a condition of employment. Attorney Kamran Joya and our employment law team represent employees who have been subjected to sexual harassment and fight to hold employers accountable.

What Constitutes Sexual Harassment Under New York Law?

Sexual harassment is any unwelcome conduct of a sexual nature that affects your ability to do your job or creates an intimidating, hostile, or offensive work environment. It is a form of sex discrimination prohibited by:

• Title VII of the Civil Rights Act of 1964 (federal law, applies to employers with 15+ employees)
• New York State Human Rights Law (NYSHRL), Executive Law § 296 (applies to all employers in the state)
• New York City Human Rights Law (NYCHRL), Administrative Code § 8-107 (applies to all employers with 4+ employees in NYC — and as of 2019, to all employers regardless of size)

Sexual harassment is not limited to physical contact. It includes:

• Unwanted touching, groping, or physical contact
• Sexual comments, jokes, or innuendo
• Requests for sexual favors — whether explicit or implied
• Displaying sexually explicit images or materials in the workplace
• Sexual texts, emails, or social media messages from coworkers or supervisors
• Staring, leering, or making sexually suggestive gestures
• Comments about your body, appearance, or clothing that are sexual in nature
• Spreading sexual rumors about a coworker
• Repeated unwanted requests for dates after being told no

Both men and women can be victims of sexual harassment. Harassment can occur between people of the same sex. The harasser can be a supervisor, coworker, client, customer, vendor, or any person in the workplace.

Two Types of Sexual Harassment: Quid Pro Quo and Hostile Work Environment

New York law recognizes two distinct categories of workplace sexual harassment:

Quid Pro Quo Sexual Harassment

“Quid pro quo” means “this for that.” This type of harassment occurs when a supervisor, manager, or someone with authority over your employment conditions links a job benefit — or a job threat — to sexual conduct. Examples include:

• A manager promising a promotion, raise, or favorable schedule in exchange for sexual favors
• A supervisor threatening to fire, demote, or reassign you if you refuse sexual advances
• Being denied a job opportunity because you rejected a superior’s sexual advances

Quid pro quo harassment typically involves someone with power over your employment. Even a single incident can be actionable.

Hostile Work Environment Sexual Harassment

A hostile work environment exists when unwelcome sexual conduct is so severe or pervasive that it alters the conditions of your employment and creates an abusive working atmosphere. This can involve:

• Ongoing sexual jokes, comments, or “locker room talk”
• Repeated unwanted attention or flirtation
• Circulation of sexual images or materials
• Persistent sexually charged behavior that makes you dread going to work

Under the NYC Human Rights Law, the standard is even more favorable to employees. You do not need to prove the conduct was “severe or pervasive” — you only need to show you were treated less well because of your gender. This is a significantly lower burden of proof and is one of the reasons why NYC offers the strongest harassment protections in the nation.

New York’s Expanded Protections: 2019–2023 Amendments

New York has dramatically expanded protections for sexual harassment victims in recent years. If you experienced harassment, these laws work in your favor:

NYC Amendments (2019)

• Eliminated the “severe or pervasive” standard — under the NYCHRL, you only need to show unwelcome conduct that caused you to be treated less well because of a protected characteristic
• Applies to ALL employers — the NYC Human Rights Law now covers every employer in the city, regardless of size (previously limited to employers with 4+ employees for some provisions)
• Extended statute of limitations — you now have three years (increased from one year) to file a complaint with the NYC Commission on Human Rights
• Expanded who is protected — independent contractors, freelancers, interns (paid and unpaid), and domestic workers are all covered

New York State Amendments (2019–2023)

• Lowered the legal standard — NYS also moved away from requiring “severe or pervasive” conduct and adopted a standard closer to NYC’s approach
• Eliminated the Faragher-Ellerth defense — employers can no longer avoid liability simply by showing they had an anti-harassment policy that the employee did not use
• Extended statute of limitations — sexual harassment claims under the NYSHRL now have a three-year statute of limitations (increased from one year)
• Mandatory anti-harassment training — all New York employers must provide annual interactive sexual harassment prevention training to all employees
• Mandatory written policy — every employer must adopt a sexual harassment prevention policy meeting minimum standards set by NYS
• Confidentiality restrictions on settlements — employers cannot require confidentiality clauses in settlement agreements unless the complainant prefers it, with a 21-day consideration period

These changes reflect New York’s strong stance that no worker should have to endure sexual harassment as a cost of employment.