The Difference Between Inappropriate Behavior and Illegal Sexual Harassment in NYC

Not every uncomfortable interaction at work rises to the level of illegal sexual harassment, but that doesn’t mean it should be ignored. In New York City, workers are protected under some of the strongest anti-harassment laws in the country.  But there is a difference between inappropriate behavior and unlawful harassment. Here’s how to distinguish between the two, and why both deserve attention in the workplace.

What Is Considered Inappropriate Behavior?

Inappropriate behavior is conduct that violates workplace norms or professional boundaries, but may not necessarily meet the legal definition of sexual harassment. It can still cause discomfort, disrupt morale, or create tension among coworkers.

Examples include:

• Offhand or suggestive jokes
• Unwanted compliments about appearance
• Excessive or uninvited personal attention

This kind of behavior is often written off as “harmless” or “just their personality.” But even if it doesn’t break the law, it may still be a violation of company policy—or an early warning sign of something more serious.

What Makes Behavior Legally Actionable as Sexual Harassment?

Sexual harassment becomes illegal when it violates the New York City Human Rights Law (NYCHRL), which protects workers from conduct that is:

• Unwelcome and based on sex, gender, or sexual orientation
• Severe or frequent enough to create a hostile work environment
• Tied to job consequences, such as promotions, demotions, or termination (known as quid pro quo harassment)

Unlike federal or even state standards, the NYCHRL does not require harassment to be “severe or pervasive.” A single incident, if serious enough, can be illegal.

Examples of conduct that may be legally actionable include:

• Repeated and unwanted sexual advances
• Requests for sexual favors in exchange for job benefits
• Sexual touching, groping, or cornering someone
• Threats or retaliation after rejecting advances
• Sharing explicit images or messages at work

Independent contractors, freelancers, and part-time employees are also protected under NYC law.

Gray Areas: When Inappropriate Becomes Unlawful

In real life, behavior doesn’t always fit neatly into a box. What starts as “borderline” or “awkward” can escalate—especially if:

• The behavior is repeated after someone objects
• Power dynamics are involved (e.g., manager vs. employee)
• Others begin to feel unsafe or unwilling to speak up

An off-color joke may not be illegal by itself. But if it’s part of a larger pattern or targets someone based on their gender identity or appearance, it may qualify as a hostile work environment.

The key is whether the behavior interferes with someone’s ability to do their job or creates an environment that feels degrading or unsafe.

How Employers Should Respond to Both

Employers in NYC have a legal obligation to prevent and respond to sexual harassment. That responsibility extends to inappropriate behavior as well.

A strong response includes:

• Clear policies that define both inappropriate and unlawful conduct
• Training for all employees, including bystander intervention strategies
• Open reporting channels, where employees can raise concerns without fear
• Timely investigations, even when the behavior doesn’t initially appear unlawful

Addressing inappropriate behavior early can prevent escalation—and show employees that the company takes workplace conduct seriously.

How Lipsky Lowe Can Help

At Lipsky Lowe, we represent individuals who have experienced unlawful sexual harassment in New York City workplaces. We also advise employers on how to create respectful cultures and respond appropriately to complaints.

If you’re unsure whether behavior crosses the legal line, we can:

• Review the facts of your situation
• Explain your rights under NYC law
• Help you take action, whether through internal channels or legal claims
• Represent you in complaints, litigation, or settlement negotiations

Early guidance can make all the difference in protecting your rights and your future.

Don’t Ignore Workplace Harassment

You don’t have to tolerate behavior that makes you uncomfortable, even if it isn’t technically illegal. And if the conduct crosses a line, you have the right to take action.

Whether you’re experiencing persistent inappropriate comments or severe harassment, Lipsky Lowe is here to help. We advocate for workers across New York City and provide clear legal guidance for every situation. Contact us today for the support you need and deserve.