Sexual harassment can happen to anyone, in and out of the workplace. However, knowing who to report them to can be difficult if a co-worker harasses you outside of the office. The people you work with can create hostile work environments through texts, social media and after-hours interactions.
If their conduct is affecting your job, your livelihood or your peace of mind, there are laws in New York that can protect you. However, before taking action, you must first guarantee your safety.
Focus on your safety
Before gathering evidence or filing a report, it is important to ensure your safety first. Prioritize gaining some distance from your harasser, and if possible, ask the person to stop. If they do not relent, gather evidence that proves it.
However, if you are receiving threats or if they are stalking you, contact law enforcement immediately. Guaranteeing your safety should be a bigger priority than finding proof.
Gather evidence
Harassers might send you messages, leave you letters or make unwanted calls or comments outside of the workplace. If this happens, gather and save any evidence in a way you can control. This means taking screenshots of direct messages, texts, e-mails and call logs. Make copies of these pictures just in case.
It also helps to write a timeline of events, complete with dates, locations, witnesses and how their conduct affects you at work. If possible, write down details about what they are doing to harass you as well.
Report your co-worker
After gathering relevant evidence, you can report your co-worker through the appropriate channels. This typically includes HR, a manager or the person in your company’s harassment policy. You can still file a report even if harassment happens outside of the workplace, especially if it contributes to a hostile work environment. Be sure to keep copies of any reports you make to your employer or your company’s HR.
After reporting your co-worker, your employer may take the necessary steps to correct their behavior or remove them from the company, though this is not always guaranteed. New York law does not just protect you from sexual harassment. It also protects you against discrimination and retaliation. In some cases, you may face retaliation after filing a report against a co-worker.
Watch out for retaliation
After filing a report against your harasser, you may experience fewer working hours, inconvenient schedule changes, demotion or harsh performance reviews despite meeting company standards.
If this happens, your employer may be subjecting you to retaliation, which is a form of discrimination where materially adverse actions are taken against you for filing a complaint. New York law prohibits retaliation, which means it may be time to consult an attorney. If you suspect your employer is discriminating against you, keep notes and save emails that reveal changes in treatments, pay cuts and shifts in schedule.
When is it time to pursue legal action?
If your harasser’s conduct remains the same even after filing a report against them, it may be time to pursue legal action. This also applies to employers who ignore your reports as well as those who retaliate against you for filing them.
You can file complaints or charges through state agencies such as the NYS Division of Human Rights (DHR) or the NYC Commission on Human Rights for those based in New York City. You can also file reports against harassment, discrimination or retaliation with the Equal Employment Opportunity Commission (EEOC).
Bear in mind that filing deadlines depend on where you bring your claim and which law applies. Under the New York State Human Rights Law, a claimant has three years from the date of the alleged harassment to file a lawsuit in court. However, if you choose to file an administrative complaint with the New York State Division of Human Rights, the deadline is typically one year from the incident.
Similarly, if a claim is filed with the EEOC, the deadline is generally 300 days from the date of the incident because New York is a deferral state. These deadlines exist to promote quick and efficient gathering of proof, especially because witnesses can forget and digital evidence can vanish.
It is important to report sexual harassers or file complaints against them to dissuade them from targeting you and other people. Not only does this stop people from creating hostile work environments, but it also makes the workplace safer for you and your fellow employees.