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New York City Sexual Harassment Lawyers

Last updated on May 5, 2025

Sexual harassment in the workplace is illegal. Sexual harassment can have a destructive influence on your career as well as your emotional health. And if you’re a victim, you don’t have to stand alone; we can help.

At Eisenberg & Baum, LLP, our New York sexual harassment attorneys provide experienced representation and determined advocacy for people who have experienced workplace harassment. We leverage our extensive experience as attorneys to achieve results for our clients.

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What Is Sexual Harassment?

Sexual harassment is intimidating, humiliating or inappropriate actions that target a person to make them feel uncomfortable. They can be threats, obscene and sexual statements, touching and any form of unwelcome conduct. A key aspect of sexual harassment is that these actions are always sexual in nature.

Sexual harassment is a nightmare of a situation. Having your body objectified and threatened as a feature and action in your workplace is not something anyone should have to live with, and we will help you.

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Understanding The Different Types Of Sexual Harassment

When looking at sexual harassment in the workplace, you can see a lot of different actions and activities that amount to it. However, you can generally classify sexual harassment claims into two main types.

Under those categories, we organize our practice’s approach to sexual harassment cases in New York and nationwide. We utilize our understanding of federal and state law to craft legal arguments for our clients in any of these cases.

Our perspective is that aggressive advocacy is always the right move. The troubles you’ve suffered are a form of sexual aggression. Our mission is to aggressively advocate for you, defend your rights and amplify your voice.

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Which Laws Protect Against Sexual Harassment In New York State And Nationwide?

State and federal laws protect workers from sexual harassment. However, these harmful practices persist all too often, leaving employees to contend with unfair treatment, limited employment activities and physiological consequences. Unfortunately, many victims of sexual harassment are reluctant to come forth with a claim, fearing retaliation and job loss. Specifically, the laws to consider are.

Title VII Of The Civil Rights Act of 1964

Commonly called “Title VII”, this law is the basis for all sexual harassment laws in the workplace, providing basic protections for all working people. It protects anyone facing harassment or discrimination due to their.

  • Race
  • Sex
  • Religion
  • National Origin

However, Title VII does not apply to workplaces with fewer than 15 employees. Title VII establishes the Equal Employment Opportunity Commission (EEOC).

New York State Human Rights Law

The New York State Human Rights Law goes further than Title VII in several ways. The key difference is the widening of the definition of who is protected, including:

  • Creed
  • Color
  • Sexual orientation
  • Gender expression
  • Military status
  • Disability status
  • Familial status
  • Domestic violence victim status

In addition, the state’s statute of limitations is one year from the date of discrimination, but three years for gender-based harassment to file a lawsuit.

NYC Human Rights Law

This law, regarded as one of the most comprehensive laws addressing harassment and discrimination, actively extends the protected classes to include.

  • Citizenship status
  • Caregiver status
  • Lawful occupation

Additionally, the NYC Commission on Human Rights emphasizes protecting individuals over companies while investigating and prosecuting law violations.

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What Are The Differences Between Sexual Harassment, Sexual Assault And Sexual Abuse?

While sexual harassment, sexual abuse and sexual assault all have similarities, there are stark differences between the three. Here is a brief description of the three:

  • Sexual harassment: Any unwelcome conduct of a sexual nature that creates an intimidating, hostile or offensive environment. It often occurs in workplaces, schools or public settings, and is generally considered a civil violation.
  • Sexual assault: Any unwanted sexual contact or behavior without consent, including a range of actions, from groping to rape. Criminal law covers sexual assault and can lead to criminal charges.
  • Sexual abuse: A pattern of behavior where an individual repeatedly endures sexual activities without consent. It often occurs in various contexts, such as within families or institutions, and can involve minors or vulnerable adults. Sexual abuse can also result in criminal charges.

To generalize, the difference between the three is all about the context. Sexual harassment is mostly in professional or public settings, while sexual abuse and assault are typically “behind closed doors.”

All three are serious violations of your person that demand attention and support. You can seek redress in civil court for all three violations.

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How Do You Know If You Have A Sexual Harassment Case?

If you’ve experienced discomfort or intimidation because of comments or nonverbal actions of a sexual nature, you may have experienced sexual harassment. Harassment can look like:

  • Unwanted touches
  • Staring and following
  • Obscene and sexual statements and innuendos
  • Requests for sexual favors for promotions
  • Rumors of your activities

But it may also be something that isn’t on this list. If you feel like you may have experienced sexual harassment and you’re not sure, we can help you. If you contact us, we will speak to you about your case in a free consultation to fully understand what you’ve experienced and whether or not it is actionable. Seeking legal advice from an experienced attorney can help clarify your rights and options.

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Can You Sue Someone For Sexual Harassment In New York?

Yes, you can. You can file a lawsuit in civil court, but you must first file a sexual harassment complaint with the EEOC at the federal level. You may also file complaints with the New York State or New York City Human Rights Commission.

When filing a lawsuit in a sexual harassment case, you’re taking the most aggressive option available to you. Your case will be a public stand against the treatment you’ve suffered and a demand for accountability.

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Is There A Statute Of Limitations For Filing A Sexual Harassment Claim In New York?

Yes. As mentioned above, the State of New York’s statute of limitations for gender-based harassment is three years. This would generally include sexual harassment. Additionally, you may also pursue federal claims. Still, you have a smaller window as Title VII has a relatively short statute of limitations to pursue claims, 300 days if the state has a similar civil rights law, 180 days if the state does not.

Whether you file locally or with the EEOC, time is of the essence. You cannot imagine how quickly 300 days will pass. It’s vital to move as soon as you’re ready, and if you have any concerns or doubts, reach out to us.

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What Are The Steps To A New York Sexual Harassment Lawsuit?

If you want to file a lawsuit for sexual harassment – and we are ready to help you with this – you must first go through the proper channels. Your case will not move any further without following the appropriate legal process. Here is the whole series of steps you will take before we can file a lawsuit.

  • Report harassment: Your company must maintain an HR department or at the very least a supervisor to report to. You must formally report the behavior to either HR, your supervisor or some other designated person in your company.
  • File a complaint: Once you’ve officially reported the harassment and if the company fails to – or inadequately responds to – your report, you must file with either the EEOC or the New York State Division of Human Rights (NYSDHR).
  • Receive a right-to-sue letter: Once you’ve filed your complaint with the EEOC or NY, these agencies will begin an investigation. If they cannot resolve your complaint to your satisfaction, you may move on to a lawsuit.

Once you’ve received your “Right to sue,” you usually have a limited time to take your case to court. However, at that point, we will be fully involved in moving your case forward.

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How Long Does A Sexual Harassment Case Take?

Sexual harassment cases can take anywhere between a few weeks and years to resolve, either through a verdict or a settlement. Based on our experience, we resolve many cases within six to ten months, but that does not guarantee the same timeframe for yours.

Infinite factors could extend or shorten the time of your case. But, no matter what, our team has the determination to see it through to the end.

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Where Does Sexual Harassment Often Occur?

As mentioned above, sexual harassment typically happens in professional or public arenas. For example, you could face sexual harassment.

  • On online message boards, such as Reddit.
  • At your desk at work
  • At an away conference
  • On social media
  • Through email, either personal or professional
  • In cell phone text messages

Sexual harassment can occur in many places, such as workplaces, online platforms or public spaces. The key factor is whether the harasser has access to you, such as through regular contact or shared spaces, in which case, you may potentially be a victim of harassment.

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What Are Common Examples Of Sexual Harassment In The Workplace?

Sexual harassment can take many different forms and depends a lot on the context of the actions. However, here are the five most common examples of sexual harassment:

  • Sexual comments: Making inappropriate remarks or obscene comments of a sexual nature, whether directed at an individual or in general, that create a hostile work environment.
  • Physical harassment: Unwanted physical contact, such as touching, hugging or patting, that makes someone uncomfortable.
  • Sexual advances or propositions: Making unwelcome sexual advances or requests for sexual favors, which can be verbal or through gestures.
  • Displaying inappropriate material: Sharing or displaying sexually explicit images, emails or other materials in the workplace.
  • Quid pro quo harassment: Offering benefits or threatening consequences in exchange for sexual favors, such as promising a promotion or threatening termination.

Context and your personal feelings about the treatment you’re experiencing are all that matter here. You have every right to accept some things that others would consider harassing. However, you also don’t have to continue to tolerate harassment and can fight to stop it anytime.

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What Steps Should You Take If You Feel You Are Being Sexually Harassed In The Workplace?

When you believe you are facing sexual harassment at work, you can immediately move to file a complaint with your supervisor. However, doing so – especially if your harasser is a superior or your direct superior – may be met with disbelief.

Evidence matters. You must collect all of the available evidence of sexual harassment you can find and document everything spoken or said to you about what you experienced. The more your record, the easier it will be for your attorneys, the EEOC or the NYSDHR to revisit and reconstruct events. From there, you can follow the steps outlined above in the earlier section about what to do next.

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What Evidence Can Help Prove Your New York Workplace Sexual Harassment Claim?

The evidence you collect when preparing to file a complaint with your company or the EEOC will make or break your case. In the previous section, we mentioned documenting things, but we should be more specific. You should document:

  • What you saw, felt or were told
  • Who was around you when these things happened
  • Any explicit harassing emails, texts or voicemails
  • Anything you did at the time
  • The time of day that the harassment occurred
  • The exact wording of your report to HR or your supervisor

Additionally, if you can find any others in your office who experienced similar harassment, their words and stories can go a long way to establishing a pattern for your harasser. The more you write down, the more you have ready, the easier it will be to prove everything that happened to you. The easier it will be for us to fight for you.

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Can You Be Fired Or Demoted For Reporting Sexual Harassment?

No. Firing, demotion or even just somewhat hostile interactions after reporting sexual harassment fall under the category of retaliation. Title VII, New York, and NYC all have laws prohibiting retaliation for reporting harassment. You can report any instance of retaliation directly to the EEOC or go to us with the story.

You have every right to stand up for yourself and should not suffer for it in any way.

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What Are The Types Of Compensatory Damages NYC Sexual Harassment Victims Can Recover?

Victims of sexual harassment in New York City can recover various types of compensatory damages that address both financial losses and emotional harm. These damages include:

  • Back pay and front pay: Compensation for lost wages due to being fired, demoted or forced to leave the workplace because of harassment, as well as future lost earnings if the harassment affected career advancement.
  • Out-of-pocket expenses: Reimbursement for costs related to job searches, medical treatments, or mental health care that arose due to the harassment.
  • Medical expenses: Coverage for diagnostic tests, doctor visits, therapy sessions, or surgeries necessitated by physical or emotional injuries caused by the harassment.
  • Emotional distress damages: Compensation for mental anguish, trauma, anxiety, depression, and diminished quality of life resulting from the hostile work environment or unwelcome conduct. Medical evidence, such as psychiatric or psychological records, often supports these damages.
  • Pain and suffering: Monetary awards recognizing the physical and psychological pain endured as a result of sexual harassment. In cases of egregious misconduct, courts may award victims punitive damages to punish the harasser and prevent similar future behavior.
  • Legal fees: Reimbursement for attorneys’ fees and court costs incurred while pursuing the sexual harassment complaint.

These compensatory damages aim to make the victim whole by addressing both tangible financial losses and intangible emotional distress caused by the harassment.

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Why Should You File A NYC Workplace Sexual Harassment Claim?

Filing a workplace sexual harassment claim in New York City offers several significant benefits that can positively impact a victim’s life:

  • Protection for yourself and others: Filing a claim can stop ongoing harassment by holding the harasser and employer accountable. It may prevent the harasser from victimizing others in the future and compel the employer to implement policies and training to create a safer, more respectful workplace.
  • Compensation for damages: Victims can seek monetary compensation for lost wages, medical and psychological treatment costs, mental anguish, pain and suffering, and legal fees. This financial relief can help victims recover from the economic and emotional toll of harassment.
  • Legal recognition and justice: Pursuing a claim publicly acknowledges the wrongdoing and demands accountability, which can be empowering and validating for victims.
  • Deterrence of future misconduct: Successful claims can encourage employers to take harassment complaints seriously and enforce anti-harassment policies, contributing to a healthier work environment.
  • Access to experienced attorneys and legal advice: Engaging an experienced attorney provides essential legal advice and guidance throughout the complex legal process, protecting your rights and maximizing your chances of a favorable outcome.

Filing a claim is a proactive step toward reclaiming control, securing justice and fostering safer workplaces.

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Who Can Be Held Responsible For Sexual Harassment In NYC?

In New York City, multiple parties can be held responsible for sexual harassment, depending on their role and involvement:

  • Employers: Employers have a legal obligation to prevent and address sexual harassment in the workplace. They face liability if they know about the harassment and fail to take immediate and appropriate corrective action, whether the harasser is a supervisor or a coworker.
  • Supervisors and managers: Individuals in supervisory roles who engage in quid pro quo harassment (e.g., conditioning job benefits on sexual favors) or create a hostile work environment through offensive work environment conduct such as sexual comments or physical harassment can be directly liable.
  • Coworkers and nonsupervisory employees: Harassment by coworkers can result in employer liability if the employer fails to act upon complaints or ignores the behavior. Victims can also pursue claims against the individual harassers themselves.
  • Third parties: Clients, customers or contractors who harass employees may also be held accountable, and employers can be liable if they fail to address such conduct.
  • Employers for retaliation: Employers who retaliate against employees for reporting harassment or participating in investigations can be held liable for unlawful retaliation.

The key factor in employer liability is whether the employer knew or should have known about the harassment and failed to take reasonable steps to stop it.

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Why Hire A NYC Sexual Harassment Attorney From Eisenberg & Baum, LLP, To Help With Your Case?

When people think of our law office, we hope two things come to mind. We hope people first think of all of our experiences. We’ve fought harassment and discrimination in New York and Nationwide for years. We have experience with filing reports with the EEOC and have found success for our clients with our work.

The next thing we hope people take is our commitment to justice and strong support for our clients–those who come to us for help and deserve someone to fight for them. “Advocacy for all” is more than a core belief; it’s a promise for us. We’ll fight to secure the compensation you deserve, work tirelessly to hold your harassers accountable, stand by your side, and support you in every way you need.

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Our Discrimination Attorneys Can Help

Our employment discrimination attorneys have decades of experience handling employment disputes for individuals who work at small and large corporations across the country. We are especially adept at handling harassment and discrimination claims in which there is systemic harassment or discrimination in the workplace.

Women in the restaurant and pharmaceutical industries have recently reported increased discrimination. If you work in the service industry and experience mistreatment, our attorneys stand ready to help you explore legal options.

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The Law Is On Your Side: Contact Us For A Free Consultation

If you faced sexual harassment at work, remember that the law supports you. Pursuing a sexual harassment lawsuit can hold responsible parties to account, protect yourself and others from future harassment, and help you obtain compensation for the hardships you have faced.

For a free consultation regarding your situation and options for legal redress, call 212-353-8700 or complete our online form.