For New York employees, including professional employees such as doctors, dentists, executives, and other high-income professionals, understanding your rights regarding workplace harassment is important. In New York State, in addition to federal laws, the New York State Human Rights Law provides protections against sexual harassment and related misconduct.
Reporting Workplace Harassment
If you believe you have experienced sexual harassment, you should report it to your employer, temporary agency, or placement agency, whether to your supervisor or to Human Resources. If your harasser is your supervisor, you are uncomfortable with how your employer might handle your complaint, or you do not think your complaint is being properly addressed by your employer, then you may also file a charge with the federal Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYS DHR). The NYS DHR is the focus of this post.
The Role of the New York State Division of Human Rights (NYS DHR)
The New York State Division of Human Rights (NYS DHR) is a government agency specifically designated to receive and investigate workplace harassment complaints. Under NYS Human Rights Law, you generally have three years to file a complaint with the NYS Division of Human Rights. For acts on or after Feb. 15, 2024, this three-year period applies to all discrimination claims; sexual harassment has had a three-year period since 2020. Various other deadlines, including shorter ones, may exist for other charges, including federal claims.
Importantly, the NYS DHR offers no-charge assistance, including guidance on filing complaints and investigating claims. You can file a complaint by calling (844) NYS-DHR1 or (844) 697-3471, visiting a Division office in person, or through their website (www.dhr.ny.gov/complaint). More information is available under the NYS DHR’s FAQ page.
Legal Guidance and Support
If you are uncertain whether the behaviors you have experienced constitute harassment, NYS DHR provides a dedicated hotline—1-800-HARASS-3. This resource offers free initial consultations with volunteer attorneys who have experience with sexual harassment cases, providing valuable guidance to help you understand your rights and next steps.
Retaliation is Prohibited
Both Federal and New York law strictly prohibit retaliation against employees who report harassment or file a complaint with NYS DHR. If you feel your employer has retaliated against you for raising a harassment issue, contact NYS DHR or an experienced employment law attorney.
Handling Third-Party Harassment
Harassment from third parties—such as customers, patients, or clients—is also unlawful. Employers must act promptly to address complaints of third-party harassment, providing appropriate protection and accommodations to employees.
Remote Employees and Out-of-State Scenarios under New York State Law
Your rights under New York’s Human Rights Law can vary based on where you live and work. Generally:
- If you’re working from New York—even for a non-NY employer—you’re generally covered.
- If you’re working outside New York, you usually are not, even if the employer does business in New York
Understanding your rights ensures your workplace is safe, respectful, and productive
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To learn more about these topics, check out our Legalities & Realities® Podcast and other related blog posts:
- What If I’m Sexually Harassed at an Office Christmas or Holiday Party?
- Protecting Healthcare Professionals from Whistleblower Retaliation
This blog post is for informational purposes only and does not constitute legal advice. For specific legal counsel, please contact our office directly.