Guide to Reporting Sexual Harassment at Work Without Losing Your Job

Key Takeaways

While it’s illegal to retaliate against employees for reporting sexual harassment at work, some employers still try. Thus, it’s important to have a plan to protect yourself.
Thoroughly documenting your experiences and preserving relevant records can help you build the strongest claim.
Confronting the harasser, quitting a job, or waiting too long to take action are among the most common mistakes that undermine sexual harassment claims.
If you’ve been fired after reporting workplace sexual harassment, the timing of your termination can serve as evidence of unlawful retaliation.
If you’ve been fired after reporting workplace sexual harassment, the timing of your termination can serve as evidence of unlawful retaliation.
An experienced NYC sexual harassment lawyer can help you develop a legal strategy and meticulously prepare your next steps so you can report your experiences without getting fired.

Trying to figure out how to report sexual harassment at work without losing your job can be confusing and frightening. You may be conflicted over whether what you’re experiencing even qualifies as harassment, or fearful that your employer will retaliate against you, putting your livelihood at stake.

Workplace harassment—and retaliation—are both illegal in New York under federal, state, and local laws. The experienced NYC employment law attorneys at Joseph & Norinsberg have provided this detailed guide for reporting sexual harassment at work, so you can protect your rights and minimize the risk of retaliation.

Step-by-Step: How to Report Sexual Harassment at Work Without Losing Your Job

When it comes to reporting sexual harassment, the sequence of your actions and the strategy behind them are crucial. This roadmap can help you plan and prepare step by step for what lies ahead, helping you navigate the reporting process and prevent retaliation along the way.

Step 1: Document Everything Before Reporting

Before doing anything else, it’s critical to start taking detailed notes of your experiences after every incident. Record a detailed description of what happened, including dates and times, as well as any potential witnesses who were present. If you’re taking notes electronically, make sure to use a personal device instead of work equipment.

Detailed records and documentation of the sexual harassment can provide valuable leverage in negotiations, serve as a strong base of evidence to spur your employer into action, give investigators a head start on your case, and create the foundation for a potent lawsuit.

In addition to your own notes, saving any relevant written communications, such as screenshots and emails, can serve as powerful evidence. Meanwhile, documenting your performance history can help you illustrate how your employer treated you differently after you spoke up.

Step 2: Review Your Employer’s Harassment Policy

Following your company’s internal reporting procedures properly can preserve your claim and place more culpability on your employer if it refuses to act. All employers in New York State are required to maintain written sexual harassment prevention policies that at least meet the standards outlined in the state’s model policy. Therefore, review your company’s own rules before taking action.

Your employer may also have an employee handbook outlining internal regulations. Having a thorough understanding of your HR reporting system and the guidelines you’re expected to follow can put you in a strong position, helping you avoid missteps that could undermine your claims.

Step 3: Report Sexual Harassment in Writing

When possible, it’s best to report sexual harassment in writing. Written communications can help guard against any future denials or disputes over exactly what you told your employer and when.

Writing in neutral, objective language, your report should:

Identify the harassing conduct you’ve experienced, including specific details on where, when, and how it occurred, and who was responsible
Clearly state that the behavior you’ve experienced is and was unwelcome
Request an internal investigation into the harassment

Make sure to keep extra copies of your report and any other communications with your company’s HR department to preserve the record.

Step 4: Understand Anti-Retaliation Protections

Federal law prohibits employers from retaliating against workers for engaging in “protected activities,” including intervening in sexual harassment, making a complaint, or participating in an investigation. Similarly, New York State law protects employees from retaliation for reporting harassment or complaining of other labor law violations.

Any of the following employment actions can be considered retaliation:

Wrongful termination
Demotion or other disciplinary actions
Reduced hours or unfavorable schedule changes
Negative performance reviews
Heightened scrutiny of your work, habits, or behavior

While experiencing retaliation can be frightening, it can also strengthen your sexual harassment claims, highlighting your employer’s lack of compliance or confirming the toxic workplace culture it permits. The specific timing of any retaliatory behavior you face will itself serve as evidence of retaliation, so be sure to note when any adverse actions occur.

Step 5: When to Escalate Outside the Company

If the harassment continues after your report and your employer refuses to take meaningful action to address it, it may be time to consider escalating to an external investigation.

In New York, you have three options for pursuing an external complaint with a government agency. A trusted employment lawyer can help you determine which pathway is best for your ideal legal strategy.

The U.S. Equal Employment Opportunity Commission

The EEOC investigates and enforces violations of Title VII of the Civil Rights Act of 1964, which includes federal protections for workplace discrimination and harassment. You generally must file a complaint with the EEOC within 180 or 300 days of the incident, depending on the jurisdiction. Federal law requires you to exhaust the remedies of the administrative process with the EEOC before filing suit.

The New York State Division of Human Rights

The NYSDHR investigates violations of state workplace sexual harassment protections. You can file an NYS DHR complaint concurrently with an internal report, or even bypass internal reporting if you fear retaliation. You have three years after experiencing workplace sexual harassment to file a state complaint. State law also allows you to file a lawsuit directly in state court.

The NYC Commission on Human Rights

The NYC CHR handles complaints under city law, which is generally broader and more far-reaching than state and federal laws. You have one year to file a complaint with the NYC CHR, but if you miss that deadline, you can still file a state-level complaint or sue under state law within three years. You can also make an anonymous report, either on behalf of yourself or another worker.

What Legally Counts as Sexual Harassment at Work?

Workplace sexual harassment comes in a variety of forms, including unwanted physical, verbal, visual, or digital behavior. Generally, sexual harassment falls under one of two categories:

Quid Pro Quo Harassment

Quid pro quo sexual harassment is the abuse of power by a boss, manager, or colleague in a supervisory role. It occurs when an authority figure solicits sexual favors with promises of job-related benefits or threats of retaliation. The solicitation may be explicit or implicit.

Just one offer of quid pro quo is enough to meet the legal standard for workplace sexual harassment.

Hostile Work Environment

A hostile work environment is one in which an employee is subjected to unwelcome harassment or discriminatory behavior. In this context, gender-based harassment doesn’t need to be overtly sexual to qualify.

Federal law requires harassment to be “severe or pervasive” to create an unlawful hostile work environment, while New York state and city laws require only that harassment be more than a “petty slight or trivial inconvenience” to be illegal. Under either standard, one single serious incident of workplace sexual harassment can be enough for a legal complaint.

Why Employees Fear Reporting Sexual Harassment

Experiencing workplace sexual harassment is stressful enough. The risk of significant impacts to your livelihood, including potentially losing your job, can add an additional layer of anxiety to the idea of speaking up.

Retaliation can often appear subtle at first, giving a bad actor plausible cover to punish an employee or even fire them for reporting harassment. Beyond financial blows like getting fired or demoted, workers may fear psychological consequences, such as being labeled “difficult” and becoming isolated in the workplace.

Retaliation is illegal, and workers can take action to protect their rights. A knowledgeable workplace sexual harassment lawyer can help explain your legal options and walk you through your next steps.

Common Mistakes That Can Put Your Job at Risk

It may be natural and understandable to lash out in frustration when experiencing workplace sexual harassment, but acting rashly can hurt your case or leave you open to retaliation.

Things to avoid include the following:

Posting about your harassment on social media may violate your employer’s guidelines and provide your employer with a pretext for disciplinary action. Furthermore, anything you post may be twisted and used against you.
Quitting prematurely could make it harder for you to maximize your compensation, prove retaliation, or negotiate a return to your position later.
Recording conversations without permission can render key evidence inadmissible in court, giving your employer an excuse to ignore threats of legal action.

Aggressively confronting your harasser may give your employer an excuse to side with them rather than with you.
Failing to follow internal reporting procedures could give your employer cover to ignore your complaints.
Waiting too long to act can undermine the seriousness of your claims and make it harder to find important evidence.

What Happens if You Are Fired After Reporting?

If you get fired after reporting sexual harassment at work, you can use the timing of your termination to build a case for unlawful retaliation. Once you’ve shown a causal link between your legally protected reporting and your firing, your employer will then have to argue that it had a valid reason to fire you—and the suspicious timing can help you prove that reason is false.

Voluntarily quitting your job can even constitute wrongful termination under the right circumstances. If you have been forced to resign due to retaliation or intolerable working conditions, it may constitute constructive dismissal and amount to illegal retaliation.

What Compensation May Be Available in a Sexual Harassment Case?

You may be entitled to a variety of damages based on the specific facts of your workplace sexual harassment case, including:

Back pay for lost income
Front pay for future lost income, if reinstatement to your previous position is not possible
Compensatory damages for emotional distress
Out-of-pocket medical expenses related to your harassment
Attorney’s fees and court costs
Punitive damages, in rare and severe cases

An experienced workplace sexual harassment attorney can help you hold your employer accountable and secure the compensation you deserve.

Why Legal Strategy Matters When Reporting Sexual Harassment

How and when you report workplace sexual harassment can have a significant impact on the outcome of your case, including your overall compensation, whether you can avoid retaliation, and how quickly you reach a resolution.

Getting a legal consultation with an experienced NYC sexual harassment attorney before reporting can help you preserve evidence, build a strong case, and frame your complaint strategically to avoid retaliation. The right lawyer will prioritize preparation over showmanship, aggressively advocating for your rights while minimizing the risk of losing your job.

How Our Sexual Harassment Attorneys Help Protect Your Job

With more than 75 years of combined experience protecting the rights of New York workers, Joseph & Norinsberg has a strong track record of fighting for underdog workers’ rights.

Our tenacious NYC sexual harassment lawyers will meticulously prepare the strongest possible case and work relentlessly to get you the justice you deserve. We’ll do the following for you:

We’ll provide a free consultation to review your case and determine whether you have a valid claim.
We’ll assess the retaliation risk and devise a legal strategy to minimize potential negative consequences.
We’ll draft your complaint to maximize your chances of a successful outcome without reprisal.
Your lawyer will communicate with your employer or its counsel.
If necessary, our team will file complaints with relevant government agencies.
We’ll negotiate a fair and amicable resolution to your complaints
If no settlement can be reached, we’ll file a lawsuit and fight for your rights in court.

Frequently Asked Questions on Workplace Sexual Harassment

Can I Report Sexual Harassment Anonymously?

There are options for reporting sexual harassment anonymously, but it might not always be best for your specific situation. An experienced attorney can help plan your ideal path forward.

Can My Employer Fire Me for Reporting Harassment?

Your employer cannot legally fire you for reporting sexual harassment at work, but it can attempt to terminate you for unrelated reasons. Our team can help you hold your employer accountable for firing you under a false pretext.

Should I Quit if I Am Being Harassed?

You should not quit your job over workplace sexual harassment without speaking to an attorney first, as resigning too early may hurt your case.

How Long Do I Have to File a Complaint?

The deadline to file a workplace sexual harassment complaint varies depending on which agency you’re submitting it to. The EEOC requires you to file within 180 or 300 days, depending on the jurisdiction. Meanwhile, the NYC CHR has a one-year deadline, and the NYS DHR allows up to three years. You should begin taking action as soon as possible, especially when it comes to reporting sexual harassment to HR.

Does Harassment Have to Happen in the Office?

No, workplace sexual harassment can occur outside of the office. Harassment can occur through remote work, holiday parties, work-related travel, conferences, and more.

When to Speak With a Sexual Harassment Lawyer

The earlier you speak with a knowledgeable sexual harassment attorney, the sooner you can take action to hold your employer accountable. You should consider reaching out to a lawyer if:

You’re experiencing ongoing sexual harassment at work.
You’ve complained to your employer, but it refuses to meaningfully respond.
You’re seeing signs of possible retaliation from your colleagues.
You’ve been offered a severance package after reporting sexual harassment.
You want to speak up, but are unsure of how to proceed safely without losing your job.

Don’t suffer in silence another day. Contact Joseph & Norinsberg online today for a free consultation with our trusted NYC workplace sexual harassment attorneys.