Workplace discrimination and harassment

Fighting discrimination and harassment in employment

Every New Yorker has the right to a workplace free from discrimination and harassment.  

We promote equal justice under the law and seek to combat any kind of discrimination or harassment in the workplace.

We investigate claims of employment-related discrimination or harassment under state, federal, and local laws. We begin an investigation where there is a “pattern or practice” of discrimination or harassment against workers. This means we focus on cases where there is evidence of systemwide (systemic) discrimination. The discrimination can be through official employer policies or unofficial policies. It can also happen through widespread practices that people just do in the workplace.

We do not investigate individual incidents. We address broader patterns of misconduct.

It is illegal to treat workers differently because they belong to protected classes

Workplace discrimination or harassment means treating someone differently because they have certain characteristics:

• Discrimination means treating someone less favorably, such as refusing to hire, firing, demoting, or paying someone less than others.
• Harassment is a continued pattern of unwelcome behavior from anyone in the workplace.

It is illegal to harass or discriminate against a worker based on the following protected classes:

• age
• arrest or conviction record
• citizenship or immigration status
• color
• creed
• disability
• family (familial) status, such as being pregnant or having children
• gender identity or expression
• marital status
• military status
• national origin
• predisposing genetic characteristics, or having genetic characteristics that make it more likely to have a certain condition, such as a genetic disease
• race
• sex
• sexual orientation
• status as a victim of domestic violence

New York City employers have additional rules

In New York City, it is illegal for employers to discriminate against workers based on the following, in addition to protected classes:

• caregiver status, or whether a worker is caring for someone else
• credit history
• height and weight
• pregnancy and lactation accommodations, such as requiring a place to pump or express breast milk and a safe and private location to do so
• salary history
• sexual and reproductive health decisions
• status as a victim of stalking and sex offenses
• unemployment status

In addition, employers cannot discriminate against or harass workers for engaging in certain activities under certain conditions. These activities include:

• political activities
• legal use of consumable products, including cannabis, unless certain exceptions apply
• legal recreational activities

It is illegal for employers to discriminate against or harass workers who are doing these activities in the following conditions:

• outside of working hours
• away from the employer’s premises
• without using the employer’s equipment or other property

There are many types of unlawful discrimination and harassment

Illegal discrimination and harassment can take many forms, including the following:

• refusing to hire or promote, demoting, significantly transferring, terminating, or paying less to a worker based on a protected characteristic
• discriminating against a worker in pay, or in job terms, conditions, or privileges, based on a protected characteristic
• giving a worker worse job terms, conditions, or privileges, including pay, because of their membership in a protected class
• using any employment application, or asking any questions during hiring, that makes specific conditions based on a protected characteristic, unless the job truly requires the worker to have a specific qualification
• publishing or circulating any statement, advertisement, or publication that makes any conditions based on a protected characteristic, unless the job genuinely requires the worker to have the qualification
• harassing someone because they:
  • have a protected characteristic
  • oppose discriminatory practices under New York State law
  • file a complaint
  • testify or assist in any proceeding under New York State law
• asking an applicant or current employee about their salary history

The Civil Rights Bureau fights discrimination and harassment in the workplace. The bureau has investigated and sued employers in a variety of industries, including restaurants and entertainment, construction, health care, and many others.

Learn more about workplace discrimination in New York from the following agencies:

• NYC Commission on Human Rights (CCHR)
  • Website: https://www.nyc.gov/site/cchr/index.page
  • Phone: 311 or 212-416-0197
• NYC Department of Consumer and Worker Protections (DCWP)
  • Website: https://www.nyc.gov/site/dca/index.page
  • Phone: 311; 212-NEW-YORK (212-639-9675) if you are outside of NYC.
  • Email: OLPS@dca.nyc.gov
• NYS Division of Human Rights (DHR)
  • Website: https://dhr.ny.gov/
  • Phone: 1-888-392-3644
  • Email: info@dhr.ny.gov 

Fighting sexual harassment in the workplace

Sexual harassment is a specific type of harassment that involves any of the following:

• demanding sexual favors in exchange for promotions, raises, or job assignments
• displaying sexual behavior that creates an offensive, intimidating, or hostile workplace

A harasser can be a supervisor, coworker, or non-employee, such as a client or contractor.

Harassment can violate workers’ civil rights to equal opportunity in the workplace and be illegal, even if it:  

• is not frequent or extreme enough to be obvious to everyone
• does not result in someone getting fired, demoted, or refused an assignment

Sexual harassment can involve:

• making sexually offensive remarks or jokes
• sending sexually explicit emails, texts, or other messages
• engaging in unwanted touching
• forcing someone to participate in sex acts
• asking for suggestive favors, like digging coins out of a boss’s pants pocket
• displaying pornographic media
• making comments (either flattering or insulting) about someone’s gender or sexual preferences
• making sexual gestures or simulating sex acts

Sexual harassment is illegal under Title VII of the 1964 federal Civil Rights Act and New York State Human Rights Law (NYS Human Rights Law). It may also be prohibited by local law, such as the New York City Administrative Code. NYS Human Rights Law also forbids harassing someone because of their sexual orientation or gender identity or because they are LGBTQ.

Sexual harassment can happen outside the workplace

Sexual harassment can occur elsewhere, such as in public places, housing, or schools. If you feel you have been sexually harassed – for example, by a landlord, teacher, or service provider — consult an attorney to understand your options.

All genders and third parties are protected

Anyone can be harassed. The harasser can be of the same sex as the victim. If you see harassment in your workplace, even if you are not the victim, you can complain as a third party when any of the following occurs:  

• A harasser requires a victim to submit to sexual demands to keep their job.
• Harassment directed at someone else is harming your work environment.
• Other people’s sexual conduct, even if they are willing participants, is creating a hostile work environment for you.

Harassment can be a crime

In addition to being a civil violation, harassment may also rise to a criminal level. This is especially the case if it involves physical touching, physical confinement, threats, or forced sex acts. If you believe you have been the victim of a crime, consider filing a report at your local police department.

Remember: Even if the harassment is not a criminal act, it is illegal.

Retaliation is illegal

It is illegal for your employer to punish you, or retaliate against you, for making a complaint. Retaliation includes making your work duties or environment more difficult or hostile because you made a complaint or because you cooperated with an investigation into a complaint. If your employer does try to punish you, you may be able to add a separate claim of retaliation to your complaint. If you believe you have suffered retaliation, consult an attorney. Ask the appropriate agency about specific time limits and procedures.

File a complaint for discrimination or harassment

If you experience harassment or discrimination as described on this page, there is no one best way to proceed. You may want to consult a qualified attorney to understand your options.

In any case, follow your employer’s procedures. Contact the person or office your employer has designated to receive such complaints (unless, for instance, that is where the harassment or discrimination is coming from). This may be your human resources department or equal opportunity office.

There are laws prohibiting discrimination at different levels. Your employer’s conduct may violate federal, state, and local laws. There are different complaint options depending on the type of law:

• Federal. If your employer has more than 15 employees, workplace discrimination and harassment may fall under Title VII of the Civil Rights Act. You must file a complaint with the U.S. Equal Employment Opportunity Commission before you begin a lawsuit.
• State. You can bring a discrimination or harassment complaint against an employer of any size under the New York State Human Rights Law. You can file a complaint with the New York State Division of Human Rights or proceed directly to court. You do not have to file a complaint with any agency before beginning a lawsuit.
• Local. Some local laws allow you to bring a complaint only against employers with a minimum number of employees. For example, the New York City Human Rights Law allows complaints only against employers with more than four employees. Complaints can be filed with the New York City Commission on Human Rights. 

The information contained in this brochure is for informational purposes only and is not intended to provide or be relied upon as legal advice in any situation.