Most New Yorkers know that sexual harassment at work is against the law. However, recognizing when a workplace sexual advance crosses the line from uncomfortable to illegal isn’t always easy. Some sexual advances are obviously inappropriate, like groping or explicit propositions. Others may be subtle, disguised as jokes, compliments, or overly familiar behavior. If you’ve ever felt uneasy about suggestive comments, unwanted touching, or inappropriate messages from a coworker, you’re not alone.
This blog post will explain what New York City employees should know about unwanted sexual advances in the workplace. We’ll discuss common examples, when they become illegal, and what you can do if you experience them.
What Qualifies as a Sexual Advance?
Put simply, a sexual advance happens when you’re the target of unwelcome behavior of a sexual nature. This can happen in many different ways. Advances may be verbal, physical, or a mix of both. They can also occur virtually, through emails, texts, or other digital communications.
Examples of sexual advances in the workplace include:
- A coworker persistently asking you out, even after you’ve said no;
- A supervisor making suggestive comments about sexual acts;
- A manager offering career opportunities in exchange for a sexual favor;
- Someone touching you intimately without your consent;
- A colleague making repeated sexually explicit remarks to you at a networking dinner; and
- A team member sending flirty messages after work hours despite your lack of interest.
Sexual advances can happen at any time, even outside of work hours. If a coworker persistently subjects you to romantic or sexual comments outside of work hours, this may be harassment, even if no physical contact occurs.
Are Sexual Advances in the Workplace Legal?
Unwanted sexual advances in the workplace are illegal in New York. They are prohibited by New York City, New York state, and federal employment laws. There are two major types of illegal sexual harassment: quid pro quo harassment and hostile work environment harassment.
Quid Pro Quo Harassment
Quid pro quo harassment occurs when a person in a position of power requests sexual favors in exchange for professional benefits, such as a raise, promotion, or job security. For example, if a manager suggests that an employee could receive better pay or a promotion if they agree to sexual activities, this is considered quid pro quo harassment.
Hostile Work Environment Harassment
Hostile work environment sexual harassment works a little differently. It occurs if unwanted sexual advances are severe or frequent enough to interfere with an employee’s ability to work. For example, imagine an employee who repeatedly receives suggestive texts from their senior manager, even though they express their discomfort. Over time, the messages make them anxious about attending meetings and collaborating with their superior. This employee may have grounds for a hostile work environment claim.
What Can I Do About Sexual Advances in the Workplace?
Between federal, state, and NYC laws, employers have a legal responsibility to take reasonable steps to prevent and correct sexual harassment against all workers—whether full-time, part-time, or contract.
If you face unwanted sexual advances at work, here are some actions to take to protect yourself and your legal rights.
Say No
If you feel safe doing so, firmly tell the person behind the advances that their behavior is unwelcome and needs to stop. This can be intimidating, especially if the person is in a position of power. However, it’s essential to communicate that their advances are not mutual. The communication can be as simple as saying, “I don’t appreciate these comments. Please keep our conversations professional.” Having a clear, documented instance of refusal can strengthen your case by showing that the advances were in fact unwelcome.
Collect Evidence
Documenting the advances you face can be crucial if you need to report harassment or take legal action. Keep records of any messages, emails, or notes about verbal interactions. If you receive inappropriate messages or emails, don’t delete them. Take screenshots so you have copies. Write down all the details of any incidents of physical advances, including dates, times, locations, and any witnesses.
Report It to Your Employer
Your employer has to know about your harassment to be able to help you. Notify them in writing following your company’s reporting procedures. Many employers have specific HR policies for handling harassment claims.
When reporting, keep copies of all emails or messages related to your complaint, including any responses you receive from your employer or HR. If your employer does not take immediate action, follow up in writing.
Watch Out for Retaliation
Unfortunately, some employees face retaliation after reporting sexual harassment. This isn’t just unfair—it’s illegal. New York’s sexual harassment laws also prohibit employers from punishing workers who speak up about inappropriate behavior, whether with:
- Demotions,
- Pay cuts,
- Unfair performance reviews,
- Sudden changes in job duties,
- Threats, and
- Termination.
If you face retaliation, document it and contact a lawyer immediately.
Contact an Employment Lawyer
A skilled NYC sexual harassment lawyer can provide valuable support if you suspect you’re facing inappropriate workplace behavior. First, an attorney can evaluate the facts specific to your case and help identify which laws were violated. They can also help you understand your legal options, ensuring your rights are protected and your employer is held accountable. If your employer fails to address unwanted sexual advances or retaliates against you for reporting them, you may be entitled to legal remedies. These can include financial compensation for lost wages, emotional distress, and other damages, e.g., reinstatement if you were fired or demoted for reporting the behavior.
Get the Legal Help You Deserve
No one should endure sexual advances at work in silence. If you’ve faced unwanted behavior, you can seek help to correct it.
At Rissmiller PLLC, we have extensive experience helping NYC workers fight workplace harassment. We understand the fear, frustration, and confusion these situations cause. Our firm is committed to ensuring every worker has a safe and fair workplace.
If you suspect you’ve experienced sexual advances at work, don’t wait—contact Rissmiller PLLC for a free and confidential consultation. Let us help you take the next steps toward justice.
