If a supervisor, coworker, or anyone at your job has touched you inappropriately or made you feel physically threatened, that’s illegal. Our New York sexual harassment lawyer will listen, protect your privacy, and take action to hold them accountable.
When unwanted touching crosses the line and we’re here to help.
Physical sexual harassment involves unwanted touching or physical contact of a sexual nature in the workplace. This serious form of harassment can range from seemingly minor touches to severe sexual assault.
At Megan Thomas Law, we represent employees throughout New York who have experienced physical sexual harassment at work. Our experienced attorneys help clients get their power back, hold employers accountable, and secure the compensation they deserve for this particularly harmful form of workplace misconduct.
Physical sexual harassment encompasses a wide range of unwanted physical contact that is sexual in nature or based on a person’s gender.
Common examples include:
Physical harassment does not need to be overtly sexual to qualify as sexual harassment. Even seemingly non-sexual touching, like a hand on a shoulder, can constitute harassment if it is unwelcome, makes the recipient uncomfortable, and is based on the person’s gender.
Not all physical contact in the workplace is illegal, but certain factors determine when touching crosses into unlawful territory:
Under New York State law, even a single incident of unwanted physical touching can be sufficient to establish a claim if it’s severe enough. This is particularly true when the contact involves intimate body parts or is violent in nature.
New York offers some of the strongest legal protections against physical sexual harassment in the country:
New York State Human Rights Law prohibits physical sexual harassment in all workplaces regardless of size. The 2019 amendments to this law significantly strengthened protections by:
Additionally, certain forms of physical sexual harassment may also violate criminal laws. Unwanted sexual touching, restraint, or assault may lead to criminal charges in addition to civil claims for harassment.
Physical sexual harassment often causes more severe and immediate harm than other forms of harassment:
Courts recognize these profound impacts and often award substantial damages in cases involving physical sexual harassment, particularly when the conduct is deliberate or severe.
To build a successful physical sexual harassment claim in New York, you generally need to establish:
Evidence might include medical records, security camera footage, witness statements, contemporaneous notes, complaints to HR, and evidence of emotional distress or psychological treatment.
If you’ve experienced physical sexual harassment at work, taking these steps can help protect your rights and health:
Taking these steps promptly can strengthen your position and create a record that will support your claim if litigation becomes necessary.
If you’ve experienced physical sexual harassment in New York, you may be entitled to significant remedies, including:
Under New York State law, there is no cap on compensatory or punitive damages in sexual harassment cases, potentially allowing for substantial recovery in cases involving physical harassment.
Physical sexual harassment is one of the most invasive and damaging forms of workplace misconduct. It violates your personal boundaries, threatens your safety, and can have lasting effects on your physical and emotional well-being.
At Megan Thomas Law, we recognize the courage it takes to come forward after experiencing physical sexual harassment. Our approach combines aggressive legal advocacy with compassionate support for victims. We’re committed to helping you recover not just financially, but personally.
If you’ve experienced physical sexual harassment in your New York workplace, contact Megan Thomas Law today for a confidential consultation. We’ll help you assess your options and develop a strategy tailored to your specific situation.
Your body, your boundaries, and your dignity deserve respect. Let us help you reclaim them.
*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.
The harasser’s intent is not the determining factor. What matters is whether the conduct was unwelcome and how it would affect a reasonable person in your position. Even if the harasser claims they were just being friendly or that the contact was accidental, it can still constitute harassment if it was unwelcome and based on sex.
Yes. Under New York law, even a single incident of unwanted physical contact can be sufficient for a harassment claim if it’s severe enough. This is particularly true for incidents involving intimate touching, physical restraint, or assault, which courts recognize as inherently more severe forms of harassment.
An employer cannot dismiss your complaint simply because there were no witnesses. They still have a duty to investigate and take appropriate remedial action. Your testimony alone can be sufficient evidence, especially when supported by contemporaneous documentation, medical records, or evidence of emotional distress.
No. Both New York State and federal laws explicitly prohibit retaliation against employees who report sexual harassment. If you experience negative employment actions after making a complaint, this may constitute illegal retaliation, giving rise to an additional claim against your employer.
Physical sexual harassment is a civil workplace violation that encompasses unwanted touching of any kind based on sex. Sexual assault is a criminal offense that typically involves more severe unwanted sexual contact. Many incidents of physical harassment may also qualify as assault, potentially leading to both civil claims and criminal charges.
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