Sexual harassment in the workplace remains a critical issue, and understanding the legal protections available is crucial for both employees and employers. In New York, the laws governing sexual harassment provide unique protections that go beyond federal standards, and there are several common misconceptions about what these laws entail.
Misconceptions About Sexual Harassment
In this blog, we will debunk some of the most common misconceptions about sexual harassment law in New York and highlight how the standard of proof differs from federal and other state laws.
Misconception 1: Sexual Harassment Must Be Severe or Pervasive to Be Illegal
One of the most pervasive misconceptions is that harassment must be “severe or pervasive” to qualify as unlawful. This standard is part of federal law under Title VII of the Civil Rights Act, which requires the behavior to be severe (a single serious act) or pervasive (a repeated pattern of conduct) to constitute sexual harassment.
However, New York State law differs significantly in this regard. In 2019, New York lowered the standard for what qualifies as sexual harassment: the behavior does not need to be severe or pervasive. Instead, the standard is whether the conduct subjects an individual to inferior terms, conditions, or privileges of employment because of their gender. This means that even relatively minor but persistent conduct can qualify as sexual harassment under New York law.
Misconception 2: Victims Must Report Harassment Internally First
Another common misconception is that victims must report harassment internally to their employer before taking legal action. While many employers have policies that encourage or require internal reporting, New York State law does not mandate that employees report harassment internally as a prerequisite for pursuing a claim.
Employees can file a complaint with the New York State Division of Human Rights (NYSDHR) or pursue litigation without first reporting the issue to their employer. This is an important distinction because some victims may fear retaliation or may not feel comfortable reporting harassment through internal channels. New York’s approach aims to provide victims with more options and protections against harassment.
Misconception 3: Only Employers Are Liable for Harassment
Federal law generally imposes liability for harassment on the employer, particularly if the employer fails to take appropriate corrective actions after being made aware of the harassment. Many people assume this is also true in New York, but state laws expand liability to include individuals who engage in harassment.
In New York, employers and individuals who participate in or enable sexual harassment can be held personally liable for the misconduct. This means that coworkers, supervisors, and even third parties who engage in unlawful conduct can face legal consequences. The expanded liability aims to deter inappropriate conduct at all levels and foster a safer work environment.
Misconception 4: Time Limits for Filing a Claim Are the Same as Federal Law
Another area of confusion is the timeframe for filing a sexual harassment complaint. Under federal law, an individual generally has 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC) or 300 days if a state or local anti-discrimination law also covers the charge. This short window can be a significant barrier for some victims who may need more time to come forward.
In contrast, New York State provides a much longer timeframe. Employees have up to three years from when the harassment occurred to file a claim with the NYSDHR. This extended period gives victims more time to consider their options, gather evidence, and seek legal counsel. The longer statute of limitations reflects New York’s commitment to providing stronger protections and greater access to justice for harassment victims.
Misconception 5: Sexual Harassment Laws Only Apply to Larger Employers
Another misconception is that sexual harassment laws only apply to larger employers with a certain number of employees. Under federal law, Title VII only applies to employers with 15 or more employees. This limitation excludes many smaller businesses from federal regulations related to sexual harassment.
However, in New York, state law applies to all employers, regardless of size. This means that even small businesses with just one employee are subject to New York’s sexual harassment laws. This inclusive approach ensures that employees in all workplaces, large or small, have the right to be free from harassment.
Fight Back Against Sexual Harassment
Sexual harassment laws in New York provide stronger protections for employees than federal law or laws in many other states. By lowering the standard of proof, expanding liability, extending the statute of limitations, and applying the law to employers of all sizes, New York aims to create a work environment where everyone feels safe and respected. If you or someone you know has experienced sexual harassment in the workplace, consult an experienced employment lawyer to explore your legal options.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.