What to Do if You’re Being Sexually Harassed at Work in NY

No one should have to endure sexual harassment in the workplace. Whether it’s inappropriate comments, unwanted touching, sexual advances, or a hostile environment, this kind of behavior is not just unacceptable; it’s illegal.

If you’re being harassed at work, you might feel overwhelmed, afraid to speak up, or unsure of what steps to take next. But you’re not alone, and you do have rights. Both federal and state law protect workers from sexual harassment, and your employer has a legal duty to take it seriously.

Document Everything Immediately

Before you report the harassment or confront anyone, start creating a detailed record. Documentation becomes your most powerful tool if the situation escalates or you need to pursue legal action.

Here’s what to document:

• Create a harassment timeline. Use a personal notebook or password-protected document on your personal device never your work computer. For each incident, record the date, time, location, exactly what was said or done, who was present, and how it affected you.
• Save digital evidence. If harassment occurs via email, text, Slack, or other digital platforms, take screenshots with your personal phone. Don’t forward work emails to your personal account, as employers monitor this, and it could alert them prematurely.
• Note witnesses. Write down the names of anyone who saw or heard the harassment, even if they didn’t intervene. Witness testimony strengthens cases significantly.
• Track the impact. Document how the harassment affects your work performance, mental health, sleep, and daily life. Keep records of any therapy appointments, medical visits, or medications you need due to work-related stress.
• Preserve performance reviews. Save copies of positive performance evaluations from before the harassment started. If your reviews suddenly become negative after you reject advances or report harassment, you may have a retaliation case.
• The more detailed your documentation, the stronger your case becomes. According to the Equal Employment Opportunity Commission, contemporaneous records notes made immediately after incidents carry significant weight in harassment investigations.

Tell the Harasser to Stop (if Safe to Do So)

Sometimes harassers claim they didn’t know their behavior was unwelcome. While you’re not legally required to confront your harasser directly, clearly stating that their behavior is unwanted can strengthen your case.

If you feel safe doing so, tell the person directly:

• “That comment is inappropriate and makes me uncomfortable. Please stop.”
• “I’m not interested in dating you. Please don’t ask me again.”
• “Don’t touch me. I don’t appreciate the physical contact.”

Be clear, firm, and professional. You don’t need to be polite or soften your message. Document this conversation immediately afterward, including the date, time, what you said, and how they responded.

However, don’t confront the harasser if:

• They’ve been aggressive or threatening
• You feel physically unsafe
• The harassment involves quid pro quo threats to your job

Your safety matters more than confrontation. If confronting the harasser feels dangerous, skip this step and move directly to contacting an attorney.

Consult an Employment Attorney

You don’t need to navigate this process alone. An experienced sexual harassment attorney can:

• Evaluate whether your situation meets legal definitions
• Guide you through reporting procedures
• Help you avoid mistakes that weaken claims
• Negotiate with your employer on your behalf
• File administrative complaints or lawsuits
• Protect you from retaliation

At Megan Thomas Law, we offer consultations to help you understand your options even if you’re not ready to file a formal claim yet.

Report the Harassment to Your Employer (Preferably With the Help of an Experienced Attorney)

New York law requires employers to maintain harassment-free workplaces. Before pursuing legal action, you typically need to give your employer a chance to address the situation. This step also creates an official record that protects you from retaliation.

How to Report Effectively

Put it in writing. Never rely solely on verbal reports. Send an email to HR, your supervisor, or whoever your employee handbook designates as the reporting contact. Your written complaint should include:

• A clear statement that you’re filing a formal sexual harassment complaint
• Specific details: dates, times, locations, what happened
• Names of witnesses
• A request for immediate investigation
• A request for written confirmation of receipt

Follow company procedures exactly. Most employers have specific reporting protocols in employee handbooks. Follow these procedures precisely. If you skip steps, your employer might later claim you didn’t properly report the harassment.

Keep copies of everything. Save your complaint email on your personal device. If you submit a written complaint in person, keep a dated copy and request written acknowledgment.

Follow up regularly. Don’t just report and wait silently. Send follow-up emails every 7-10 days requesting status updates. This creates a paper trail showing you took the matter seriously and that your employer had ongoing notice.

What Your Employer Should Do

Once you report harassment, your employer has a legal obligation to:

• Take your complaint seriously
• Conduct a prompt, thorough investigation
• Interview you, the alleged harasser, and any witnesses
• Take immediate steps to stop the harassment
• Implement appropriate corrective action
• Protect you from retaliation

A proper investigation typically takes at least 30-45 days, but I’ve seen them drag on for far longer. Your employer should keep you informed throughout the process. Please do not anticipate that this process will be objective – the findings will often protect the employer at your expense.

Know Your Legal Protections

Understanding your rights helps you advocate for yourself effectively and recognize when your employer isn’t fulfilling their obligations.

Who’s Protected Under New York Law

New York’s sexual harassment protections are among the strongest in the nation. You’re protected regardless of:

• Company size (even employers with just one employee must comply)
• Your employment status (full-time, part-time, intern, independent contractor)
• Whether you’ve worked there one day or twenty years

The law protects you from harassment based on sex, gender identity, gender expression, and sexual orientation.

You’re Protected from Retaliation

Here’s something many workers don’t realize: your employer cannot punish you for reporting harassment. Retaliation is illegal and creates a separate legal claim.

Illegal retaliation includes:

• Firing or demotion
• Pay cuts or denial of raises
• Negative performance reviews
• Schedule changes that harm you
• Exclusion from meetings or projects
• Creating a hostile environment to force you to quit

If you experience any adverse action after reporting harassment, document it immediately. The timing between your complaint and the employer’s action becomes crucial evidence.

Time Limits for Filing Claims

You have up to three years to file a sexual harassment complaint with the New York State Division of Human Rights, much longer than the one-year deadline that previously existed.

For federal claims through the EEOC, you typically have 300 days from the harassment to file, though this applies only to employers with 15 or more employees.

While these deadlines provide time, don’t wait unnecessarily. Evidence fades, witnesses forget details, and harassers may victimize others while you delay.

Consider Filing a Formal Complaint (With the Assistance of an Experienced Attorney)

If your employer doesn’t adequately address your internal complaint or if they retaliate against you, you have legal options beyond your workplace.

File with the New York State Division of Human Rights

You can file a complaint with NYS DHR even while still employed. The Division investigates and can order remedies, including:

• Back pay and front pay
• Reinstatement to your position
• Compensatory damages for emotional distress
• Civil penalties against your employer
• Changes to company policies

The NYS DHR hotline (1-800-HARASS-3) provides information and referrals to volunteer attorneys.

File with the EEOC

If your employer has 15 or more employees, you can also file with the federal EEOC. After investigation, the EEOC issues a “right to sue” letter allowing you to pursue a lawsuit.

Take Care of Yourself

Sexual harassment takes a serious toll on mental and physical health. While pursuing justice, remember to prioritize your wellbeing:

1. Seek support. Talk to trusted friends, family, or a therapist. Many people find support groups for harassment survivors helpful.
2. Document health impacts. Keep records of therapy appointments, medical visits, and any medications related to work stress. These records support damage claims.
3. Know when to leave. Sometimes the healthiest choice is finding a new job. If you leave due to harassment, you may have a “constructive discharge” claim, meaning you were effectively forced to quit.
4. Set boundaries. You’re not required to work directly with your harasser while investigations proceed. Request reassignment or remote work if possible.

You Deserve a Harassment-Free Workplace

Knowing what to do if you’re being sexually harassed at work empowers you to take action. You don’t have to suffer in silence, and you don’t have to let fear of retaliation stop you from protecting yourself.

New York law is on your side. Your employer has a legal duty to maintain a safe, respectful workplace. When they fail in that duty, you have the right to hold them accountable.

At Megan Thomas Law, PLLC, we’ve helped countless workers across Central New York stand up to workplace harassment and demand the respect they deserve. We understand the courage it takes to come forward, and we’re here to support you through every step.

If you’re experiencing sexual harassment at work and need guidance on your next steps, contact us today. Your consultation is confidential, and we’re ready to fight for your rights.

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.