When a coworker ignores your boundaries, whether by pushing personal conversations, asking for too many favors or making unwanted advances, it can create an uncomfortable or even hostile workplace that makes it harder to do your job. Knowing what you can do in this situation helps you protect yourself and keep your work environment healthy.
When persistence becomes a problem
Not every unwanted interaction at work counts as sexual harassment. An isolated awkward compliment or a single request for a date may not, by itself, break the law. The key question is: did you make it clear that the attention is unwanted? If the conduct continues despite your objection, then that may be harassment.
Even a single severe incident, such as unwanted touching or an explicit proposition, can meet the Equal Employment Opportunity Commission’s (EEOC) severe or pervasive standard without any pattern of behavior.
Two types of sexual harassment
Sexual harassment in New York workplaces typically falls into two categories:
- Quid pro quo harassment: This happens when a supervisor or manager links your promotion, raise and continued employment to sexual favors. It can sound like “go out with me and you will get that promotion” or “turn me down and it will hurt your performance review.”
- Hostile work environment harassment: This occurs when unwelcome sexual behavior is so severe or frequent that it creates an intimidating, hostile or abusive work atmosphere. A co-worker who keeps asking you out after you declined, makes frequent sexual comments or continues unwanted touching may qualify.
The key issue is what happens after saying no. One inappropriate comment followed by a sincere apology is different from someone repeating the same behavior week after week, even after you have made your objection clear.
Your employer’s responsibility under New York Law
Employers in New York must maintain workplaces free from sexual harassment. State law requires all employers to adopt written anti-harassment policies, provide annual training to employees and investigate complaints promptly. These requirements apply to businesses of all sizes.
When employers know or reasonably should know about the harassment and fail to take corrective action, they can be liable. Your employer cannot ignore your complaint or delay taking action.
Employers also cannot retaliate for good-faith complaints. Retaliation can include firing, demotion, schedule changes or other adverse actions. If you experience retaliation after reporting, you may have a separate legal claim.
Legal options when internal reporting fails
When internal processes fail, you have legal options beyond your employer’s walls. You can file a harassment complaint with government agencies, such as the federal EEOC and the New York State Division of Human Rights. In New York, you may also proceed directly to court.
New York extended its statute of limitations for all discrimination and harassment claims to three years as of February 15, 2024. For federal claims, you typically must file with the EEOC within 180 days of the harassment, but this can extend to 300 days if your state has a fair employment practices agency, which New York does.
You can also choose to file a private lawsuit if you are not satisfied with either option. This allows you to seek various forms of remedies, such as back pay, compensatory damages for emotional distress, punitive damages in egregious cases and injunctive relief (changes to workplace policies or training). Many harassment cases settle before trial once both sides exchange evidence and assess the strength of their positions.
Working with an attorney can help you understand which path makes the most sense for your situation. They can also provide you with realistic expectations for the possible outcomes.