Sexual Harassment: What is it and how can we stop it?

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Sexual harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It can occur in various environments, including the workplace, educational institutions, and public spaces. Understanding your rights and the legal framework surrounding sexual harassment is crucial in protecting yourself and seeking justice.

What is Sexual Harassment?

Sexual harassment includes a wide range of behaviors, such as:

Unwelcome sexual advances
Requests for sexual favors
Inappropriate comments or jokes of a sexual nature
Physical conduct of a sexual nature
Display of sexually explicit materials

These behaviors create a hostile and intimidating environment, making it difficult for victims to work or study.

Legal Protections

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sex, which includes sexual harassment. This federal law covers both quid pro quo harassment (where job benefits are conditioned on sexual favors) and hostile work environment harassment (where the conduct creates an intimidating or offensive work environment). Employers are required to take complaints seriously and address them promptly.

New York State Executive Law 296

New York State Executive Law 296, also known as the New York State Human Rights Law (NYSHRL), expands protections against discrimination and harassment in the workplace. This law prohibits employers from discriminating against employees based on sex and requires employers to take appropriate action to prevent and address harassment. The law covers a broader range of employers, including those with fewer than 15 employees, which is more inclusive than Title VII.

New York City Administrative Code 8-107

New York City Administrative Code 8-107, also known as the New York City Human Rights Law (NYCHRL), provides additional protections against discrimination and harassment within the city. This law includes specific provisions for addressing sexual harassment and mandates that employers implement anti-harassment policies and provide training to employees. The NYCHRL is one of the most comprehensive anti-discrimination laws in the country.

Protection from Retaliation

Title VII of the Civil Rights Act of 1964: Under Title VII, employees are protected from retaliation by their employers when they report harassment. Retaliation can include demotion, termination, or any adverse action against the employee. The law ensures employees can report harassment without fear of losing their jobs or facing other negative consequences.

New York State Human Rights Law (NYSHRL): The NYSHRL provides robust protection against retaliation, prohibiting any adverse action taken by employers against employees who report harassment. This includes actions such as demotion, termination, or intimidation. The law aims to ensure that employees feel safe and supported when reporting incidents of harassment.

New York City Human Rights Law (NYCHRL): The NYCHRL offers broader protections against retaliation than federal and state laws. It covers a more comprehensive range of retaliatory actions, including any conduct that might dissuade a reasonable person from making or supporting a harassment claim. This comprehensive protection encourages more employees to come forward and report harassment, knowing they are protected from any form of employer retaliation.

Differences in Legal Standards

Scope of Coverage

Title VII: Applies to employers with 15 or more employees.
New York State Executive Law 296: Applies to employers with four or more employees and, in sexual harassment cases, to all employers regardless of size.
New York City Administrative Code 8-107 Applies to employers who have employed four or more people within the past year or at least one domestic worker for any period. People count as “employees” whether they are full-time or part-time, permanent or temporary, interns or paid workers, regardless of how they are paid.

Reporting and Training Requirements

Title VII: Does not mandate specific training requirements.
New York State Executive Law 296: Requires annual sexual harassment prevention training for all employees.
New York City Administrative Code 8-107: Requires employers to take specific measures to prevent harassment, including annual anti-harassment training.

Statute of Limitations

Title VII: 300 days to file a charge with the EEOC.
New York State Executive Law 296: Three years to file a complaint with the New York State Division of Human Rights.
New York City Administrative Code 8-107: Three years to file a complaint with the New York City Commission on Human Rights.

Steps to Protect Yourself

Review Employer Procedures: Familiarize yourself with your company’s harassment policies. Most employers have a written policy that outlines the steps for reporting harassment and the procedures for handling complaints.
Document Incidents: Keep a detailed record of all harassment incidents, including dates, times, locations, and any witnesses. Documentation is crucial for building a case and providing evidence to support your claims.
Consult an Attorney: Seek legal advice to understand your rights and options. The Sanders Firm, P.C. provides valuable resources and legal support for victims of sexual harassment.
Self-Care: Reach out for support and prioritize your mental and emotional health. Speaking with a counselor or therapist can help you cope with the stress and trauma of harassment.

Filing a Complaint

If you need to file a complaint, you can contact several organizations:

New York City Commission on Human Rights (NYCCHR): Handles complaints of discrimination and harassment in New York City.
New York State Division of Human Rights (NYSDHR): Investigates and resolves complaints of discrimination and harassment in New York State.
United States Equal Employment Opportunity Commission (EEOC): Enforces federal laws prohibiting employment discrimination, including sexual harassment.

Filing a complaint with these organizations initiates an investigation into the allegations and can result in remedies such as compensation, policy changes, and disciplinary actions against the harasser.

Mandatory Employer Training Requirements

New York State

New York State employers must provide annual sexual harassment prevention training to all employees. This training must meet the minimum standards set by the state, which include:

An explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
Examples of conduct that would constitute unlawful sexual harassment
Information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims
Information concerning employees’ rights of redress and all available forums for adjudicating complaints
Information addressing conduct by supervisors and any additional responsibilities for such supervisors

New York City

New York City has additional requirements for employer training. Employers must:

Provide annual anti-harassment training to all employees
Ensure that the training covers the employer’s internal complaint process
Include an explanation of sexual harassment as a form of unlawful discrimination under local, state, and federal law
Provide bystander intervention training to encourage employees to speak out against and report instances of harassment

Statistics on Sexual Harassment

- Workplace Statistics: According to the Equal Employment Opportunity Commission (EEOC), 78.2 percent of sexual harassment charges filed between 2018 and 2021 were from women, while men filed 21.8 percent.
- Reporting Rates: Less than one-third of individuals who experience sexual harassment at work report it to a supervisor, manager, or union representative. Furthermore, only 6-13 percent of these individuals file a formal complaint regarding the harassment (EEOC).
- Legal Outcomes: A report by the University of Massachusetts – Center for Employment Equity analyzed 46,210 Title VII sexual harassment charges filed between 2012 and 2016 with the EEOC and state Fair Employment Practices Agencies (FEPAs). It also reviewed the EEOC’s handling of 33,304 Title VII charges filed solely with the EEOC. The findings indicate that while the EEOC initially views sexual harassment charges as more likely to have legal merit compared to other discrimination complaints, most individuals gain little from the EEOC’s processing. Specifically, 27% of employees who file a sexual harassment charge with the EEOC and pursue redress receive any benefit. Approximately 23% receive some monetary compensation, with an average of $24,700 and a median award of $10,000. Less than 1% of awards exceed $100,000. Only 12% of charges lead to managerial agreements to change workplace practices.

These statistics highlight victims’ challenges in obtaining meaningful redress through the EEOC process.

Resources and Support

For more detailed information and resources, visit the (EEOC), New York State Division of Human Rights (NYSDHR), or the New York City Commission on Human Rights (NYCCHR). Additional support is available from:

National Organization for Women – New York City (NOW): 1-212-627-9895
Rape, Abuse & Incest National Network (RAINN): 1-800-656-HOPE
Safe Horizon (SH) 1–800-621-HOPE
The Sanders Firm, P.C.: Legal Resources and Support

Taking proactive steps to protect yourself and knowing your rights can make a significant difference in addressing sexual harassment. Whether you are experiencing harassment or supporting someone who is, understanding the available resources and legal protections is essential.

Don’t Hesitate to Call Us Now! New York: 212-652-2782 | Yonkers: 914-226-3400

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