Partner
Not every uncomfortable interaction at work is unlawful harassment, but repeated or severe unwanted attention based on a protected characteristic may violate federal, New York State, or New York City law. When unwelcome conduct creates a hostile work environment or affects the terms and conditions of employment, employees may have legal protections. Understanding the difference between inappropriate behavior and unlawful workplace harassment can help you determine your rights.
Key Takeaways
- Unwanted attention is not automatically illegal, but it may become workplace harassment in certain situations.
- Harassment often involves conduct based on a protected characteristic, such as sex, race, age, disability, religion, or national origin.
- Repeated unwelcome comments, advances, messages, or physical contact may contribute to a hostile work environment.
- Employers generally have a duty to respond appropriately after learning about workplace harassment.
- An employment lawyer can evaluate whether the conduct may violate New York or federal law.
What Is Unwanted Attention at Work?
Unwanted attention can take many forms. While some workplace interactions are simply awkward or unprofessional, others may cross the line into unlawful harassment depending on the circumstances.
Examples of unwanted attention may include:
- Repeated romantic or sexual advances after being rejected
- Persistent requests for dates or personal meetings
- Unwelcome comments about your appearance
- Frequent personal text messages, emails, or social media messages
- Repeated compliments that make you uncomfortable
- Unwanted physical contact, such as touching or hugging
- Following you around the workplace or monitoring your movements
The important question is not whether the person intended to offend you, but whether the conduct was unwelcome and whether it became unlawful under applicable employment laws.
When Does Unwanted Attention Become Illegal Harassment?
Not every offensive or uncomfortable interaction violates the law. Workplace harassment generally becomes unlawful when it is based on a protected characteristic and is serious enough to affect an employee’s working conditions.
Protected characteristics include sex, race, color, national origin, religion, age, disability, pregnancy, sexual orientation, gender identity, and other categories protected by law.
Harassment may involve conduct that creates a hostile work environment, such as ongoing offensive comments, unwanted sexual advances, intimidation, or other behavior that interferes with an employee’s ability to work. In some situations, a single severe incident may also support a legal claim.
New York City law often provides broader protections than federal law, making it important to evaluate harassment claims under all applicable statutes.
What Laws Protect Employees From Workplace Harassment?
Several laws prohibit workplace harassment in New York.
- Title VII of the Civil Rights Act of 1964 prohibits harassment based on protected characteristics for covered employers.
- The New York State Human Rights Law provides additional protections against workplace discrimination and harassment.
- The New York City Human Rights Law often applies an even more employee-friendly standard, prohibiting employees from being treated less well because of a protected characteristic unless the conduct amounts to nothing more than petty slights or trivial inconveniences.
Which law applies depends on the employer, the circumstances, and where the employee works.
What Should You Do if Unwanted Attention Continues?
If unwanted attention continues after you make it clear that the conduct is unwelcome, begin documenting what is happening whenever possible.
Helpful evidence may include:
- Emails or text messages
- Screenshots of electronic communications
- Notes describing each incident
- Names of witnesses
- Human resources complaints
- The employer’s response to your complaints
If your employer has a harassment reporting procedure, follow it unless there is a compelling reason not to. Reporting the conduct may give the employer an opportunity to investigate and correct the problem while also creating documentation of your concerns.
Protect Your Right to a Workplace Free From Harassment
Everyone deserves to work in an environment free from unlawful harassment. While not every unpleasant interaction violates the law, repeated or severe unwanted attention based on a protected characteristic may give rise to legal claims under federal, New York State, or New York City law.
If you believe you have been subjected to workplace harassment or your employer failed to address your complaints, trust Lipsky Lowe to protect your career and your workplace rights. Connect with us today.
Frequently Asked Questions
Can flirting at work be considered harassment?
Yes. Flirting may become unlawful harassment if it is unwelcome, continues after being rejected, or contributes to a hostile work environment based on a protected characteristic.
Does unwanted attention have to be sexual?
No. Workplace harassment may be based on many protected characteristics, including race, religion, disability, age, national origin, and other legally protected statuses. Sexual harassment is only one form of unlawful workplace harassment.
Can a coworker create a hostile work environment?
Depending on the circumstances, coworkers, customers, clients, vendors, or other individuals in the workplace may contribute to a hostile work environment.
What if my employer ignores my harassment complaint?
If your employer fails to investigate or address reported harassment, or retaliates against you for reporting it, you may have additional legal rights. An employment lawyer can evaluate your situation and explain your available options.