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New York City employers are held to one of the highest legal standards in the country when it comes to preventing and responding to sexual harassment. Whether you manage a large corporation or a small business, you are legally obligated to take proactive steps to maintain a workplace that is safe, inclusive, and free from harassment.
Failing to meet this obligation can result in serious legal, financial, and reputational consequences—especially under the New York City Human Rights Law (NYCHRL), which offers broader protections than federal or state law.
Understanding the Legal Standard in NYC
The NYCHRL prohibits sexual harassment in all workplaces, regardless of size. Unlike federal laws that apply only to employers with 15 or more employees, the NYC Human Rights Law applies to employers with as few as one employee.
The law protects not just full-time workers, but also:
- Part-time and temporary workers
- Interns
- Volunteers
- Independent contractors and freelancers
Harassment is defined broadly and does not need to be “severe or pervasive.” A single incident—if it creates a hostile work environment or interferes with someone’s ability to work—can be enough to trigger liability.
What Prevention Requires: More Than Just a Policy
Many employers believe that having a written anti-harassment policy is enough. In reality, New York City law requires a multi-layered approach that goes beyond paperwork. Prevention efforts should include:
- A clearly written policy that defines sexual harassment and outlines reporting procedures
- Annual training that is interactive, informative, and compliant with city guidelines
- Visible leadership commitment—managers and supervisors must model respectful behavior and take complaints seriously
- Internal accountability—ensure there is a designated point person or HR contact who understands their legal responsibilities
Employers are encouraged to provide training tailored to their workforce and to maintain documentation of all prevention efforts.
When a Complaint Is Made: Immediate and Fair Response Is Key
Once an employer becomes aware of a potential incident of sexual harassment, the law requires prompt and appropriate action to be taken. That includes:
- Conducting a timely investigation, even if the complaint is informal or not in writing
- Separating involved parties when necessary to protect the person who reported the issue
- Ensuring fairness—the process should be impartial and provide both parties with an opportunity to be heard
- Documenting findings and actions taken, whether the claim is substantiated or not
Inaction or a response that appears biased or superficial can be interpreted as negligence under city law.
Retaliation Is Also Illegal
It is unlawful to retaliate against anyone who:
- Files a complaint
- Participates in an investigation
- Voices concerns about inappropriate behavior
Retaliation can include demotion, reduced hours, reassignment, or any action that would discourage a reasonable person from speaking up. Employers must create an environment where employees feel safe reporting concerns without fear of punishment.
Proactive Legal Guidance Can Help
Even well-meaning employers can fall short of compliance if they misunderstand the law’s reach or fail to take consistent action. The employment attorneys at Lipsky Lowe regularly advise New York City businesses on how to reduce risk and respond effectively to harassment concerns.
Our team can help you:
- Review and update anti-harassment policies
- Ensure compliance with city-mandated training
- Guide internal investigations and complaint responses
- Defend your business if a claim is filed
Proactive legal advice from Lipsky Lowe can protect your company and demonstrate a genuine commitment to workplace safety and equity. If you need help reviewing your policies, training your team, or responding to a complaint, contact us today to schedule a confidential consultation.