New York City employers have a legal duty to ensure that their employees are not subjected to harassment from anyone they come in contact with in the workplace–including vendors and customers.
Sound hard? It can be without an experienced workplace compliance attorney on your side.
Because if you fail to establish and maintain compliance with local, state and federal sexual harassment laws, you may face costly lawsuits, financial problems, and reputational damage from which your business may not recover.
At Lipsky Lowe LLP, we provide employers like you with the experienced legal counsel you need to meet your sexual harassment compliance obligations in New York. For over forty years, our dedicated sexual harassment compliance attorneys have guided businesses in developing harassment prevention policies and ensuring they are in compliance with training mandates.
Whether you’re updating workplace policies or responding to a harassment complaint, Lipsky Lowe delivers the deep experience and strategic support you need to protect your business and your employees.
What Is Sexual Harassment in the Workplace?
Sexual harassment is a form of discrimination prohibited under federal, state, and local laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Sexual harassment in the workplace can encompass a wide variety of behaviors, including any unwelcome conduct of a sexual nature that creates a hostile or intimidating work environment.
Let’s look at each a little more closely.
Quid pro quo harassment happens when someone in power—like a boss or supervisor—uses their position to demand sexual favors in exchange for job perks. Whether it’s a promotion, a raise, or even keeping your job, tying these decisions to personal favors crosses the line. For example, offering a raise in return for a date isn’t just unethical—it’s flat-out illegal.
A hostile work environment develops when someone’s unwanted sexual behavior—whether it’s physical, verbal, or visual—makes it hard for others to do their job. It could come from a coworker, boss, customer, or even a vendor. For example, if employees are openly sharing pornographic materials in shared spaces like the breakroom or sales floor, and even tricking others into seeing it, that kind of behavior creates an environment that makes workers uncomfortable. Again, unacceptable and illegal.
Some examples of sexual harassment can include:
- Unwanted physical contact, such as touching or hugging
- Sexual comments, jokes, or gestures
- Sharing sexually explicit materials
- Repeated sexual advances after being asked to stop (even requests for a date)
- Spreading sexual rumors about an employee
- Assigning less-desirable tasks or excluding employees based on gender stereotypes
Sexual harassment knows no gender. All genders can experience sexual harassment, and it can occur between individuals of the same or different genders. Additionally, the harassment can come from any third party, not just coworkers and supervisors, and the employer is still liable.
State and Federal Laws Governing Sexual Harassment Compliance
Employers in New York operate under some of the most rigorous sexual harassment prevention requirements in the country, with multiple laws mandating proactive measures to prevent workplace harassment and clear processes for reporting harassing behavior.
Here’s what employers need to know:
Federal Guidelines Mandating Sexual Harassment Prevention
Under Title VII of the Civil Rights Act of 1964, sexual harassment is recognized as a form of sex discrimination. This law prohibits harassment that creates a hostile work environment or involves quid pro quo demands. While the federal government does not mandate sexual harassment training, the Equal Employment Opportunity Commission (EEOC) strongly advises employers to provide regular training as part of a comprehensive compliance strategy. Courts often view training programs as evidence of an employer’s good-faith effort to prevent harassment, which can limit liability in harassment claims.
New York State and City Requirements: Setting the Standard in Sexual Harassment Training and Compliance
New York law requires employers to implement measures to combat workplace sexual harassment by creating proactive policies and educating employees on recognizing sexual harassment and how to report misconduct.
What Is Required to Maintain Compliance With Sexual Harassment Laws in New York?
Every responsible business owner wants a harassment-free workplace–not just to comply with the law, but because they want to cultivate a work culture where everyone feels safe and respected. For these reasons, New York employers need to take clear, proactive steps that meet local, state, and federal requirements. Here are some compliance basics:
- Deliver annual interactive sexual harassment training to all employees.
- Draft and Distribute comprehensive written anti-harassment policies to all employees.
- Provide clear complaint and reporting mechanisms.
- Thoroughly investigate complaints.
- Ensure anti-retaliation measures are in place.
Again, these are just a few of the things you need to do to ensure your company is in compliance with anti-harassment laws in New York.
Why Compliance Matters
Aside from the satisfaction of knowing you’ve done your best to prevent sexual harassment in your company, non-compliance with anti-sexual harassment laws can result in costly and embarrassing lawsuits, regulatory fines, and reputational harm that can make attracting and retaining top talent more challenging. A workplace perceived as unsafe or unaccountable can also erode trust and undermine employee satisfaction.
At Lipsky Lowe LLP, we help keep employers on track by helping ensure compliance with state laws or defending against sexual harassment claims. Our experienced attorneys are here to help you protect your business and help you foster a harassment-free workplace.
Why Choose Lipsky Lowe to Assist in Sexual Harassment Training and Compliance?
Keeping up with all the rules around sexual harassment laws isn’t something most employers have time for. That’s where we come in. With decades of experience, the team at Lipsky Lowe LLP knows exactly how to help you stay compliant.
Here’s what sets us apart:
- 40+ Years of Expertise
- Tailored Solutions
- Proactive Risk Management
- Dual Perspective
- Ongoing Support
At Lipsky Lowe LLP, we are committed to helping businesses just like yours in creating workplaces where employees feel respected and safe. We’re here to guide you every step of the way.