Sexual Harassment Attorneys

The law recognizes two categories. Quid pro quo harassment occurs when a supervisor or person in authority conditions a job benefit — such as a promotion, raise, or even continued employment — on the employee's submission to sexual demands. Only one instance is required to establish this claim. Hostile work environment harassment occurs when unwelcome sexual or gender-based conduct is so severe or pervasive that it creates an intimidating, hostile, or abusive working environment. Under California's FEHA, a single egregious incident (such as physical assault) can be sufficient. The NYCHRL has an even lower threshold: conduct need only be treated differently because of gender, with no severity or pervasiveness requirement. Federal Title VII requires the conduct to be severe or pervasive enough to alter the terms and conditions of employment.

Yes, sexual harassment laws protect all employees regardless of gender. Men can be harassed by women, men can be harassed by other men, and women can be harassed by other women. The U.S. Supreme Court confirmed in Oncale v. Sundowner Offshore Services (1998) that Title VII prohibits same-sex sexual harassment. California's FEHA and New York's NYCHRL explicitly cover harassment based on sex, gender, gender identity, gender expression, and sexual orientation — protecting all employees equally. Harassment does not require sexual desire as a motive; it includes conduct that targets someone because of their gender, such as demeaning comments about masculinity or femininity.

Yes, but the standard differs depending on the harasser's role. For supervisor harassment, California imposes strict liability on the employer for quid pro quo harassment and harassment that results in a tangible employment action. For coworker harassment, the employer is liable if it knew or should have known about the harassment and failed to take immediate, appropriate corrective action. In New York under the NYCHRL, employers are broadly liable for harassment by any employee unless they can prove they had an anti-harassment policy, provided training, and took immediate corrective action. The NYCHRL also extends liability to individual harassers. This is why reporting harassment promptly — in writing — is crucial to your legal claim.

If internal channels fail, you have powerful external options. In California, you can file a complaint with the Civil Rights Department (CRD), which can investigate and pursue the claim on your behalf, or you can request an immediate right-to-sue letter to file in court. In New York, you can file with the New York State Division of Human Rights, the NYC Commission on Human Rights (for NYC-based claims), or the EEOC. You do not need to exhaust internal remedies before filing an external complaint. Document every internal complaint you made, including dates, names of people you reported to, and their responses. California law (Labor Code Section 1102.5) and the NYCHRL both prohibit retaliation for making these reports, giving you additional causes of action if your employer punishes you for complaining.

Yes, and deadlines vary by jurisdiction. In California, you have three years from the date of the last harassing act to file a complaint with the CRD under FEHA. For claims under the NYCHRL, the statute of limitations is three years, and under the NYSHRL it is also three years. Federal EEOC charges must be filed within 300 days of the last discriminatory act in both California and New York. Importantly, if the harassment was ongoing, the 'continuing violation' doctrine may allow you to reach back to earlier conduct as long as at least one act occurred within the filing period. However, waiting too long can weaken your case by allowing evidence to disappear and memories to fade. Consult an attorney as soon as possible after experiencing harassment.