Despite being illegal at the federal, state, and local levels, sexual harassment in the workplace unfortunately remains common.
To combat this historically overlooked issue, New York City has tightened reporting, training, and procedural requirements for employers through the Stop Sexual Harassment in NYC Act.
What Is the Stop Sexual Harassment in NYC Act?
The Stop Sexual Harassment in NYC Act, signed by Mayor Bill de Blasio in May 2018, is a group of bills written to strengthen protections for city employees. The act improves existing sexual harassment laws by applying the New York City Human Rights Law to all employers and expanding the statute of limitations for gender-based harassment claims.
Under New York law, sexual harassment is unwanted behavior based on someone’s gender. It can come in many forms, including offensive verbal remarks, sexual assault or other unwanted physical contact, obscene gestures, or other behavior.
There are two forms of sexual harassment: hostile work environment and quid pro quo. A hostile work environment arises when discriminatory actions or behavior creates an uncomfortable environment. Quid pro quo harassment occurs when those in positions of power solicit sexual activity by promising preferential treatment or threatening consequences.
How Does the Act Protect Sexual Harassment Victims?
The NYC Human Rights Law previously applied to employers with four or more workers. The Stop Sexual Harassment in NYC Act amended the law to extend its protections to all employers regardless of size.
The act also pushed back the deadline to file gender-based harassment claims. The statute of limitations was previously one year, but thanks to the Stop Sexual Harassment in NYC Act, victims now have three years to file after an incident.
How Does the Act Increase Awareness of Sexual Harassment?
The Stop Sexual Harassment in NYC Act requires companies to display informative posters detailing workers’ rights under the law and provide new hires with a fact sheet.
What is the Mandatory Anti-Harassment Training?
One key provision of the Stop Sexual Harassment in NYC Act is mandatory annual anti-harassment training for employers with 15 or more workers. The New York City Commission on Human Rights provides qualifying online training, but companies may devise their own or hire an outside vendor as long as the program meets the law’s requirements.
The training must include the following:
- Statements explaining that sexual harassment is considered unlawful discrimination under state, federal, and local laws
- A definition of sexual harassment with examples
- A description of the employer’s internal complaint system
- An explanation of the public complaint process, including contact information for government bodies
- A statement explaining that retaliation is illegal, including examples
- Information and resources on how to intervene in sexual harassment as a bystander
- A description of the responsibilities supervisors have to prevent sexual harassment
What Happens if Employers Retaliate Against Claims of Sexual Harassment?
Punishing an employee in response to reporting sexual harassment is considered illegal retaliation under Title VII of the federal Civil Rights Act of 1964, the New York State Human Rights Law, and the NYC HRL.
If you have experienced a negative employment action after submitting a sexual harassment complaint, the New York State Division of Human Rights, the New York City Commission on Human Rights, or the Equal Employment Opportunity Commission can investigate possible retaliation and hold your employer accountable.
What Can New York Employees Do To Prevent Sexual Harassment in the Workplace?
If you experience or witness sexual harassment in the workplace, begin taking notes immediately after each incident to create a record of events. If possible, talk to others present to get witness statements.
It’s best to report harassment to your employer first, though the possibility of retaliation can be intimidating. If your employer is unable or unwilling to end the harassment, evidence will show you previously attempted to resolve the issue internally, strengthening any external complaints you make.
An experienced employment lawyer can help walk you through each step of the complaint process and ensure your rights are protected while you report sexual harassment.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you’re being sexually harassed at work, you don’t have to suffer in silence. The dedicated employment law attorneys with Joseph & Norinsberg have more than 75 years of collective experience helping workers stand up for their rights and hold powerful companies accountable.
Contact us online or call 212-227-5700 today for a free consultation.
