Stop Sexual Harassment in NYC | The Law | NYC Human Rights

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On May 9, 2018, Mayor Bill de Blasio signed the Stop Sexual Harassment in NYC Act, a comprehensive legislative package aimed at addressing and preventing sexual harassment in the workplace, into law. Included in the package is an expansion of the City Human Rights Law in cases of gender-based harassment to increase the statute of limitations from one year to three years and expand protections to all employees, regardless of the size of their employer.

1. Under Local Law 96 of 2018, employers with 15 or more employees are required to conduct annual sexual harassment prevention training for all employees. Effective April 2019, employers must ensure all employees are trained annually, beginning with Calendar Year 2019, and every year thereafter. The training is available here. Employers may also choose to provide their own annual sexual harassment prevention training for employees provided that it includes the following elements:

An explanation of sexual harassment as a form of unlawful discrimination under local law;

A statement that sexual harassment is also a form of unlawful discrimination under state and federal law;

A description of what sexual harassment is, using examples;

Any internal complaint process available to employees through their employer to address sexual harassment claims;

The complaint process available through the Commission, the New York State Division of Human Rights and the United States Equal Employment Opportunity Commission, including contact information;

The prohibition of retaliation including examples;

Information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention; and

The specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints.

Employers must keep a record of all trainings, including a signed employee acknowledgement. These may be kept electronically.

2. Under Local Law 95 of 2018, all employers in the City are required to conspicuously display sexual harassment prevention notices in both English (Legal size, Letter size) and Spanish (Legal size, Letter size) and distribute a factsheet (English, Spanish) to individual employees at the time of hire which may be included in an employee handbook.

Scenarios to Help You Identify Discrimination

Sonia is a cocktail server in a bar/restaurant. She likes the job and the tips she is making. However, one of the regular customers gives her a hard time. He touches her when she walks by and occasionally makes comments about her body. Sonia has told her boss who tells her to “deal with it” because she is making good tips.

Anna is a recent immigrant to the United States and has a job cleaning office buildings in the evening. Her supervisor has brushed up against her, flirted with her, and recently told her that unless she goes to bed with him she will lose her job. Anna is frightened and does not say anything to anyone.

Tim, a communications assistant, frequently tells crude jokes about sex during department meetings. Beth, a graphic artist, is very offended and doesn’t think Tim’s jokes are funny. She tells Tim to stop, but he doesn’t stop and says she is being “overly sensitive” and that it’s just a joke.

Retaliation is Prohibited

It is a violation of the law for an employer to take action against you because you oppose or speak out against sexual harassment in the workplace. The NYC Human Rights Law prohibits employers from retaliating or discriminating “in any manner against any person” because that person opposed an unlawful discriminatory practice. Retaliation can manifest through direct actions, such as demotions or terminations, or more subtle behavior, such an increased work load or being transferred to a less desirable location. The NYC Human Rights Law protects individuals against retaliation who have a good faith belief that their employer’s conduct is illegal, even if it turns out that they were mistaken.

The Complaint Process at the Commission

If you are sexually harassed or discriminated against based on a protected category under the Law in New York City, please report this to the NYC Commission on Human Rights. Call (212) 416-0197 or fill out an online inquiry form.

If you believe you are a victim of sexual harassment, you may also alert a manager or the equal employment opportunity officer at your workplace as soon as possible.

View our "Complaint Process" infographic and watch the helpful video below for an overview of the reporting process so you can have a thorough understanding of the Commission's work in investigating acts of discrimination in New York City.

Possible Outcomes

Violators can be held accountable with civil penalties of up to $250,000 in the case of a willful violation. The Commission can also assess emotional distress damages and other remedies to the victim without limit, can require the Violator to undergo training, and can mandate other remedies such as community service.

Bystander Intervention: Speak Out and Report It

When it comes to workplace sexual harassment, stigma and a fear of retribution often discourage victims from speaking out. It is critical that individual bystanders learn to recognize and intervene in instances of sexual harassment.

Bystander education and trainings can help individuals better understand sexual harassment in the workplace and how to recognize, speak out, and report it. Bystanders who take action often play an important role in disrupting the sexual harassment and improving the work environment.

The Commission's sexual harassment prevention training contains key bystander intervention information.

State and Federal Government Resources

Sexual harassment is also unlawful under state and federal law.

To file a complaint with the New York State Division of Human Rights, please visit the Division’s website.

To file a charge with the U.S. Equal Employment Opportunity Commission (EEOC), please visit the EEOC’s website.