Harassment at Work Is Illegal — We Can Help

You have the right to work without being harassed

Workplace harassment is illegal when it is based on a protected characteristic — sex, race, national origin, religion, age, disability, sexual orientation, gender identity, pregnancy, or several other categories. Federal law (Title VII of the Civil Rights Act of 1964) prohibits harassment by employers with 15 or more employees. New York State Human Rights Law (Executive Law §296) covers employers with four or more employees, and the New York City Human Rights Law (NYC Admin. Code §8-107) covers virtually all NYC employers regardless of size and is one of the broadest anti-harassment laws in the country.

Harassment takes two main legal forms. The first is ‘hostile work environment’ harassment — when unwelcome conduct based on a protected characteristic is severe or pervasive enough to alter the terms or conditions of your employment. The second is ‘quid pro quo’ harassment — when a supervisor conditions a job benefit (promotion, raise, continued employment) on you submitting to sexual demands. Both are actionable. Under the 2019 amendments to the NY State Human Rights Law, New York has eliminated the ‘severe or pervasive’ threshold for state law claims, meaning harassment does not have to be extreme to be illegal.

Deadlines are critical. For EEOC charges, you generally have 180 days from the last act of harassment (300 days if a state agency also covers the claim, which is always the case in New York). Under the NY State Human Rights Law, you have three years to file in court directly without going through the EEOC first. Under the NYC Human Rights Law, you also have three years. Missing a deadline can permanently bar your claim. Call us as soon as the harassment occurs — do not wait.