Workplace harassment doesn’t always come in the form of physical contact or explicit propositions. Sometimes, it’s a look. A motion. A gesture made across the room. When repeated or combined with other behavior, these actions can create a toxic work environment and may be considered sexual harassment under New York law.

At Lipsky Lowe LLP, we help workers understand their rights and hold employers accountable when inappropriate behavior goes unaddressed. If you’ve experienced uncomfortable or offensive gestures in your workplace, you may have legal options.

Learn more about Sexual Harassment ›

What Are Sexual Gestures?

Sexual gestures are nonverbal actions that convey a sexual message, either overtly or subtly. These gestures may be directed at an individual or done in a way that creates a hostile or uncomfortable environment for multiple employees.

Some examples include:

  • Mimicking sexual acts (e.g., pelvic thrusting, tongue movements)
  • Facial expressions meant to imply sexual interest or dominance
  • Gestures involving hand or body movement to simulate anatomy or acts
  • Pointing at or staring at private areas of a coworker’s body
  • Repeated lewd winking or licking lips

These actions may be accompanied by verbal comments or carried out in silence. In either case, they may still be unlawful, especially when the conduct is unwanted and repeated.

When Is a Sexual Gesture Considered Harassment?

Not every awkward or crude action qualifies as illegal harassment. For a sexual gesture to rise to the level of hostile work environment sexual harassment, it must be:

  • Unwelcome
  • Sexually motivated or suggestive

In some cases, a single offensive gesture may be severe enough to meet the legal threshold, particularly if a supervisor makes it or occurs in the presence of others. In other situations, the gestures may form part of a broader pattern of behavior that collectively creates a hostile environment.

If these actions cause you to dread coming to work, avoid specific coworkers, or interfere with your ability to do your job, you shouldn’t have to tolerate them.

How to Document and Respond

If you are experiencing inappropriate gestures at work, we recommend the following:

  • Write down each incident as soon as it happens—include dates, times, people involved, and witnesses.
  • Save any communications that show or reference the gestures (e.g., emails, messages).
  • Report the behavior to your employer in accordance with the procedures outlined in your employee handbook.
  • Talk to a lawyer about your rights, especially if your employer fails to take meaningful action.

You are protected under both New York State and New York City Human Rights Laws, which offer some of the strongest employee protections in the country, often providing greater protections than federal law.

Employers Must Take Action

Employers are required to investigate complaints of sexual gestures and other forms of harassment seriously. Failing to respond—or retaliating against a worker who comes forward—can expose the company to liability.

Proper responses include:

  • Conducting a prompt, neutral investigation
  • Taking appropriate disciplinary action
  • Updating training materials and policies
  • Preventing retaliation by managers or peers

At Lipsky Lowe, we also work with employers to help them build compliant, respectful workplaces that reduce the risk of legal exposure.

Talk to a New York Sexual Harassment Attorney

You don’t need to wait until things get worse. If sexual gestures or other inappropriate behavior are making your workplace uncomfortable or hostile, we’re here to listen. Our legal team can assess your situation, explain your rights, and help you decide the next step—whether that’s filing a formal complaint or pursuing legal action.

Lipsky Lowe has helped countless New Yorkers stand up to harassment and reclaim their dignity in the workplace. We’re ready to help you do the same. Contact us today for a confidential consultation.