Co-Worker Harassment Attorney

Under California FEHA, employers are liable for coworker harassment if they knew or should have known about the conduct and failed to take immediate and appropriate corrective action. The same standard applies under federal Title VII and New York law. Once you report harassment, the employer has a legal obligation to investigate and stop it. Failure to do so makes the employer liable.

Document your HR report and the lack of response. Follow up in writing and escalate to senior management. If internal remedies fail, file a complaint with the DFEH (California), DHR (New York), or EEOC. You have one year to file with DFEH, three years with the EEOC, and one to three years under NY law depending on the forum. Consult an attorney promptly.

No. Sexual harassment includes verbal conduct (comments, jokes, propositions), visual conduct (leering, displaying sexual images), written conduct (emails, texts, notes), and physical conduct (touching, blocking, gesturing). Under California and New York law, any unwelcome conduct of a sexual nature that is severe or pervasive enough to create a hostile environment is actionable.

Absolutely not. Retaliation for reporting harassment violates Title VII, FEHA, and New York law. If you are fired, demoted, or subjected to any adverse action after reporting harassment, you have both a harassment claim and a retaliation claim. Retaliation claims can sometimes yield greater damages than the underlying harassment claim itself.