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Filing a complaint is protected by law.

If you’ve been harassed at work, you can file internally, with a state or federal agency, or through an attorney — and retaliation is illegal. Our New York sexual harassment lawyer will help you file the right way and protect your rights at every stage.

Sexual harassment in the workplace is not just uncomfortable, it’s illegal. If you’re experiencing inappropriate comments, unwelcome advances, or hostile behavior at work, you have the right to speak up and take action. At Megan Thomas Law, we help employees across New York understand their rights, file complaints, and pursue justice for the harm they’ve endured.

Whether you’re still working for your employer or have already left, it’s not too late to hold them accountable. Filing a complaint may feel overwhelming, but you don’t have to go through it alone. We’re here to walk you through each step,safely, confidently, and on your terms.

What Counts as Sexual Harassment?

Under New York law, sexual harassment is any unwelcome sexual behavior in the workplace. It doesn’t have to involve physical contact or overt threats and it doesn’t have to be “severe or pervasive.” If the behavior makes your work environment hostile, intimidating, or offensive, it may be grounds for a complaint.

Examples include:

Importantly, New York law does not require the harassment to be extreme or long-lasting — even one incident can be actionable if it rises above a trivial inconvenience.

Step-by-Step: How to File a Sexual Harassment Complaint in New York

1. Document What Happened

Start by collecting as much evidence as you can:

  1. Save emails, texts, messages, or voicemails
  2. Take screenshots of chats or internal systems
  3. Keep a journal of dates, times, and what was said or done
  4. Write down names of any witnesses

This documentation can make a big difference later — even if you’re unsure about filing a formal complaint yet.

2. Review Your Employer’s Policy

Most New York employers are required to have a written sexual harassment prevention policy and conduct annual training. This policy should include:

  • A definition of sexual harassment
  • Steps for reporting the harassment internally
  • Contact info for HR or other designated persons

If your employer does not have a policy or training program, that could strengthen your legal case.

3. Report the Harassment Internally (If Safe to Do So)

Before filing a government complaint or lawsuit, you may choose to report the harassment internally:

  1. File a complaint with Human Resources
  2. Notify your manager or a trusted supervisor
  3. Follow the procedures outlined in your employee handbook

If you’re worried about retaliation, speak with a lawyer first. You are not required to file internally before taking legal action — but doing so can help prove your employer knew and failed to respond appropriately.

4. File a Complaint with a Government Agency (after Consulting with an Attorney)

If the internal process does not resolve the issue or if you’re uncomfortable using it you can file a formal sexual harassment complaint with one of the following:

A. New York State Division of Human Rights (NYSDHR)

  • Covers: All New York employers, even those with only one employee
  • Deadline: 3 years from the date of the harassment
  • Process:
    • File online or in person
    • NYSDHR will investigate and may offer mediation
    • If probable cause is found, a public hearing may be scheduled

B. U.S. Equal Employment Opportunity Commission (EEOC)

  • Covers: Employers with 15+ employees
  • Deadline: 300 days from the date of the harassment
  • Process:
    • File a “Charge of Discrimination”
    • EEOC may investigate, mediate, or issue a “right to sue” letter
    • You can then file a federal lawsuit

You can file with both agencies in many cases — and we’ll help you decide which makes the most sense for your goals.

5. Consider Filing a Civil Lawsuit (after Consulting with an Attorney)

Depending on the facts of your case, you may choose to file a lawsuit directly in New York State court. This can allow for:

  • Greater control over the timeline
  • Recovery of financial damages and emotional distress
  • Public accountability for your employer (if desired)

At Megan Thomas Law, we help clients file state and federal claims based on their desired outcomes, available evidence, and personal comfort levels.

What If I’m Facing Retaliation?

Retaliation is illegal. If you report sexual harassment and are then:

  • Demoted
  • Fired
  • Passed over for promotions
  • Isolated by coworkers
  • Threatened or intimidated

…you may have an entirely separate legal claim for retaliation.

New York law protects you even if your original harassment claim is not proven — as long as your complaint was made in good faith. We take retaliation seriously and will move quickly to protect your job, reputation, and peace of mind.

Your Legal Protections Under New York Law

Here’s what makes New York one of the most protective states for workers:

  1. Covers employers of all sizes, even those with 1 employee
  2. Applies to employees, freelancers, contractors, and interns
  3. Requires all employers to have a sexual harassment policy and training
  4. Does not require harassment to be “severe or pervasive”
  5. Allows you to file within 3 years (recently extended from 1 year)
  6. Prohibits non-disclosure agreements (NDAs) unless voluntarily agreed to by the victim

What Compensation Can I Receive?

If your complaint leads to a settlement or successful lawsuit, you may be entitled to:

  • Compensation for emotional distress
  • Back pay for lost wages or benefits
  • Punitive damages (in extreme cases)
  • Legal fees and court costs
  • Reinstatement or a neutral job reference
  • Policy or training changes at your workplace

Our goal is to pursue real accountability and meaningful results — not just a check, but a resolution that empowers you to move forward.

Talk to a New York Sexual Harassment Attorney Today

You should never have to sacrifice your dignity, job, or safety to earn a paycheck. If you’re considering filing a sexual harassment complaint at work, let Megan Thomas Law guide you through the process — clearly, confidentially, and with compassion.

We’ve helped workers across industries and job levels stand up to harassment and protect their futures. You don’t need to have all the answers right now — just take the first step and talk to someone who can help, as long as there are no Statute of Limitations Issues.

*The information provided in this post is for general informational purposes only and is not intended as legal advice. Viewing this post, commenting, or engaging with it does not create an attorney-client relationship.

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Frequently Asked Questions

Do I need a lawyer to file a complaint?

No, but having a lawyer can make the process easier, safer, and more effective. We help protect your rights, prevent retaliation, and strengthen your claim with proper documentation and legal strategy.

Can I file a complaint if I’m undocumented or on a visa?

Yes. Your immigration status does not prevent you from filing a sexual harassment claim. Your employer cannot threaten or retaliate against you based on your status.

What if the harassment happened outside the office — at a bar, Zoom call, or work trip?

If the conduct was connected to your job (e.g., a work-sponsored event, travel, or communication), it may still qualify as workplace harassment. Digital and off-site behavior counts.

What if I already quit or was fired?

You can still file a complaint or lawsuit. In fact, many workers take legal action after they leave a toxic environment. You typically have up to 3 years to act in New York.

Can I remain anonymous?

You can often make initial reports confidentially, and we can help you weigh your options. If you proceed to litigation, some identifying information may be required — but we always prioritize your safety and comfort.

How long will the process take?

It depends on the agency or court process you pursue. Some complaints resolve in a few months through mediation or settlement, while others (especially lawsuits) may take a year or more. We’ll walk you through what to expect.