Workplace Harassment Laws in New York: How to File a Complaint

Workplace harassment is a pervasive issue that can have severe consequences for employees and organizations alike. In New York, robust laws are in place to protect workers from harassment and ensure a safe and respectful work environment. Understanding these laws and knowing how to file a complaint is crucial for anyone who believes they have been subjected to workplace harassment. This comprehensive guide will walk you through the key aspects of Workplace Harassment Laws in New York, the steps to file a complaint, and the resources available to victims.

Understanding Workplace Harassment in New York

What Constitutes Workplace Harassment?

Workplace harassment refers to any unwelcome conduct based on a protected characteristic, such as race, gender, religion, age, disability, or sexual orientation. This behavior becomes unlawful when it creates a hostile work environment or results in an adverse employment decision, such as termination or demotion.

In New York, workplace harassment can take many forms, including but not limited to:

• Verbal Harassment: Offensive jokes, slurs, or derogatory comments.
• Physical Harassment: Unwanted touching, assault, or other physical interference.
• Visual Harassment: Displaying offensive images, posters, or emails.
• Sexual Harassment: Unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

New York State Human Rights Law (NYSHRL)

The New York State Human Rights Law (NYSHRL) is one of the primary legal frameworks protecting employees from workplace harassment. Under this law, employers are prohibited from discriminating against employees based on protected characteristics. The NYSHRL applies to all employers in New York, regardless of the number of employees.

New York City Human Rights Law (NYCHRL)

In addition to the NYSHRL, the New York City Human Rights Law (NYCHRL) provides even broader protections against workplace harassment. The NYCHRL covers employers with four or more employees and offers more extensive remedies for victims of harassment.

Federal Laws: Title VII of the Civil Rights Act

At the federal level, Title VII of the Civil Rights Act of 1964 also prohibits workplace harassment. Title VII applies to employers with 15 or more employees and protects individuals from discrimination based on race, color, religion, sex, or national origin.

Steps to File a Workplace Harassment Complaint in New York

1. Document the Harassment

The first step in filing a workplace harassment complaint is to document the incidents. Keep a detailed record of each occurrence, including dates, times, locations, and any witnesses present. Save any relevant emails, text messages, or other evidence that supports your claim.

2. Report the Harassment Internally

Most employers have a formal process for reporting workplace harassment. Review your company’s employee handbook or policy manual to understand the procedure. Typically, you will need to report the harassment to your supervisor, human resources department, or another designated individual.

When reporting, provide a clear and concise account of the incidents, along with any supporting evidence. It’s essential to follow your employer’s reporting procedures, as failure to do so could impact your ability to pursue legal action later.

3. File a Complaint with the New York State Division of Human Rights (DHR)

If your employer fails to address the harassment or if you are not satisfied with the outcome, you can file a complaint with the New York State Division of Human Rights (DHR). The DHR is responsible for enforcing the NYSHRL and investigating claims of workplace harassment.

To file a complaint with the DHR, you will need to complete a complaint form, which can be submitted online, by mail, or in person. The form requires detailed information about the harassment, including the names of the parties involved, the nature of the conduct, and any steps you have taken to address the issue.

4. File a Complaint with the New York City Commission on Human Rights (CCHR)

If you work in New York City, you also have the option to file a complaint with the New York City Commission on Human Rights (CCHR). The CCHR enforces the NYCHRL and provides additional protections for employees in the city.

The process for filing a complaint with the CCHR is similar to that of the DHR. You will need to complete a complaint form and provide detailed information about the harassment. The CCHR offers online, mail, and in-person submission options.

5. File a Complaint with the Equal Employment Opportunity Commission (EEOC)

If your workplace harassment claim falls under federal law, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces Title VII and other federal anti-discrimination laws.

To file a complaint with the EEOC, you will need to complete an intake questionnaire and submit it online, by mail, or in person. The EEOC will then investigate your claim and determine whether there is reasonable cause to believe that harassment occurred.

6. Seek Legal Counsel

Navigating the complexities of workplace harassment laws can be challenging. It’s advisable to seek legal counsel from an experienced employment attorney who can guide you through the process and help you understand your rights.

An attorney can assist with drafting and filing your complaint, representing you during investigations, and negotiating settlements. If necessary, they can also represent you in court if your case proceeds to litigation.

Remedies and Protections for Victims of Workplace Harassment

Remedies Available Under New York Law

Victims of workplace harassment in New York may be entitled to various remedies, including:

• Compensatory Damages: Monetary compensation for emotional distress, pain, and suffering.
• Punitive Damages: Additional damages intended to punish the employer for egregious conduct.
• Back Pay and Front Pay: Compensation for lost wages and future earnings.
• Reinstatement: Restoration to your former position if you were terminated or demoted.
• Injunctive Relief: Court orders requiring the employer to take specific actions, such as implementing anti-harassment policies or providing training.

Protections Against Retaliation

New York law prohibits employers from retaliating against employees who file workplace harassment laws complaints. Retaliation can take many forms, including termination, demotion, reduced hours, or other adverse actions.

If you believe you have been retaliated against for filing a complaint, you can file a separate retaliation claim with the DHR, CCHR, or EEOC. Retaliation claims can result in additional remedies, including reinstatement, back pay, and compensatory damages.

Preventing Workplace Harassment laws in New York

Employer Responsibilities

Employers in New York have a legal obligation to prevent workplace harassment laws. This includes:

• Implementing Anti-Harassment Policies: Employers should have clear, written policies prohibiting harassment and outlining the procedures for reporting and addressing complaints.
• Providing Training: Regular training for employees and supervisors on recognizing and preventing workplace harassment laws.
• Investigating Complaints: Promptly and thoroughly investigating all harassment complaints and taking appropriate corrective action.

Employee Responsibilities

Employees also play a role in preventing workplace harassment. This includes:

• Understanding Your Rights: Familiarize yourself with your rights under New York and federal law.
• Reporting Harassment: Report any incidents of harassment to your employer or the appropriate agency.
• Supporting Colleagues: Be an ally to colleagues who may be experiencing harassment and encourage them to report it.

Conclusion

Workplace harassment is a serious issue that can have lasting effects on individuals and organizations. Understanding the Workplace Harassment Laws in New York and knowing how to file a complaint are essential steps in protecting your rights and ensuring a safe work environment.

If you believe you have been subjected to workplace harassment laws, it’s crucial to take action. Document the incidents, report the harassment internally, and consider filing a complaint with the appropriate agency. Seeking legal counsel can also provide valuable guidance and support throughout the process.

By taking these steps, you can hold employers accountable for their actions and contribute to a culture of respect and equality in the workplace. Remember, you are not alone, and there are resources available to help you navigate this challenging situation