What are my rights against workplace harassment in New York?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), set the federal floor for hostile-work-environment claims.
2. State Statute & Agency. The New York State Human Rights Law (NYSHRL), N.Y. Exec. Law § 296, is enforced by the New York State Division of Human Rights (NYSDHR). Effective February 8, 2020, the NYSHRL applies to all employers regardless of size (Exec. Law § 292(5)).
3. Standard for Hostile Work Environment. New York legislatively rejected "severe or pervasive" in 2019. Under Exec. Law § 296(1)(h), harassment is unlawful when it subjects an individual to "inferior terms, conditions or privileges of employment" because of a protected class. The employer affirmative defense is limited: conduct rising above "petty slights or trivial inconveniences" is actionable.
4. Protected Categories. Age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic-violence-victim status, and status as a victim of certain offenses.
5. Quid Pro Quo vs Hostile Environment. New York follows the Faragher/Ellerth framework but with the broader state standard for the underlying conduct.
6. Employer Liability. Employers are liable for supervisor harassment; under the NYSHRL the Faragher/Ellerth defense is significantly narrowed because the state standard itself is lower.
7. Mandatory Training. N.Y. Lab. Law § 201-g requires annual interactive sexual-harassment-prevention training for all employees and distribution of a written policy.
8. Filing Deadline. EEOC: 300 days. NYSDHR: 3 years for sexual-harassment claims (CPLR 214-g/Exec. Law § 297(5), as amended by S.566/A.2035, effective 2020).
9. NDA Restrictions. N.Y. Gen. Oblig. Law § 5-336 voids NDAs in settlements of harassment/discrimination claims unless the complainant prefers confidentiality (with a 21-day consideration and 7-day revocation period).
This is legal information, not legal advice.
- Your employer presents a confidentiality clause in a harassment settlement
- You are within the 3-year NYSDHR window but outside the federal 300-day window
- You work at a small employer (1-14) and need to invoke the NYSHRL's broader coverage
- N.Y. Exec. Law § 296 (NYSHRL)
- N.Y. Lab. Law § 201-g
- N.Y. Gen. Oblig. Law § 5-336
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.