After an expansion of New York’s Human Rights Law, to file a claim for sexual harassment under state law, an employee does not first have to use their employer’s internal complaint procedures.
This new law, which has been in force for over 5 years now, applies to hostile work environment claims of sexual harassment.
For decades, quid pro quo harassment, like threatening to fire someone for refusal to give sexual favors, does not require an internal report.
However, under federal law, before making a claim of sexual harassment based on hostile work environment, if an employer has them in place, an employee will need to use their employer’s internal complaint and investigation procedures.
Under current New York law, though, an internal report is not required for hostile work environment claims.
To review, a hostile work environment is where managers, colleagues or even third parties behave in such a way that the overall work environment is intimidating, hostile or offensive.
Examples of behavior that could create a hostile work environment could include lewd, off-color jokes or comments, the use sexual suggestive images or romantic advances after a person has made it clear that they are not interested. This list of examples is not exhaustive.
A victim of sexual harassment still may choose to report to their employer
This new law does not mean that employers are allowed not to have reporting procedures and policies in place to combat sexual harassment. Far from it.
It may be in the best interest for a victim to report harassment internally and then work with their employer to investigate and stop sexual harassment if it is occurring.
Victims of sexual harassment in New York or New Jersey should make sure they understand their legal options.