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By Douglas Lipsky
Partner

When you go to work each day, the last thing you should expect is to be harassed. Unfortunately, one in five people in the State of New York reported workplace sexual and one in seven reported racial harassment in a recent Cornell study. Sexual and racial harassment are both forms of discrimination prohibited by city, state, and federal laws, and it is not something anyone should have to deal with. 

But what if your employer retaliates against you for reporting the harassing behavior?

Well, that’s actually illegal, too. If you have been subjected to harassment in the workplace in NYS, you are entitled to report discriminatory behavior without fear of retaliation. Our New York workplace harassment attorneys walk you through the steps in this helpful guide.

What Is Workplace Harassment in New York?

The New York State Human Rights Law requires all employers to provide a workplace free from harassment. Workplace harassment is defined as any unwelcome or inappropriate behavior that is based on a person’s protected class and creates a hostile work environment or interferes with their ability to do their job. Protected class characteristics can include:

  • Age
  • Race, color, or national origin
  • Gender, gender identity, or sexual orientation
  • Disability or pregnancy
  • Religion or creed
  • Military status
  • Genetic predisposition
  • Marital or familial status
  • Status as a domestic violence victim

Harassment can include things like unwelcome sexual advances or sexual talk, racial slurs or jokes that target someone’s protected status, threatening behavior, physical assault, or displaying offensive images or videos.

How Do I Report Workplace Harassment in New York?

If you have experienced workplace harassment in New York, you can report it to the following, based on the circumstances:

  1. Report the behavior to your employer, manager, or HR department (only if you feel safe to do so)
  2. File a complaint with the New York State Division of Human Rights 
  3. File a report with the Equal Employment Opportunity Commission (EEOC) if you believe federal laws were broken
  4. File a complaint with the New York City Commission on Human Rights if you are employed in NYC

What Is Considered Retaliation?

Retaliation is any action that could be considered punishment for reporting harassment. This can include things like:

  • Being denied a raise or promotion
  • Being demoted
  • Getting taken off the schedule or gradually assigned fewer hours
  • Being assigned the least desirable shifts
  • Being asked to do the least desirable tasks on a regular basis
  • Verbally or physically harassing you
  • Giving poor performance reviews when previous reviews have been great
  • Firing you outright

If it feels like you are being punished for exercising your legal right to report harassment, you may have legal recourse. But, your window to report is limited, so it’s important to talk to an experienced workplace retaliation lawyer. 

What Should I Do If My Employer Retaliates Against Me for Reporting Harassment?

If you believe you have been retaliated against for reporting workplace harassment, be sure to keep detailed records of all incidents, including dates, times, and individuals involved. Save all evidence, like emails, text messages, letters, paystubs, performance reports, or any other evidence that shows retaliation.

Then you can file a complaint with file a complaint with the New York State Division of Human Rights and include your relevant evidence. If you are unsure about what you should do, you can always talk with a workplace retaliation attorney to better understand your rights in your situation. Contact us today for a consultation.

About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.