New York Sexual Harassment laws & HR compliance analysis

New York Sexual Harassment: What you need to know

The New York Human Rights Law prohibits all public and private employers, regardless of size, from discrimination based on sex, sexual orientation, gender identity or expression, marital status, or domestic violence victim status (NY Exec. Law § 296 et seq.).
The law covers all employers, including the state and all political subdivisions. Effective March 16, 2022, the state is considered an employer of any employee or official (including an elected official) of the state executive, legislative, or judiciary branches. Similarly, a city, a county, a town, a village, or another political subdivision is an employer of any of its employees or officials.
Employers are liable for the unlawful sexual harassment of contractors, subcontractors, vendors, consultants, other persons providing services under a contract in the workplace, and their employees (NY Labor Law § 201-g).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
“Gender identity or expression” means a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including the status of being transgender (NY Exec. Law § 292).
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act (Title VII). The essence of the claim is that it is unwelcome harassment of a sexual nature (Mauro v. Orville, 697 N.Y.S.2d 704 (3rd Dept. 1999)).
In the past, the New York courts applied the “severe or pervasive” harassment standard that developed under Title VII to actions brought under state human rights law. However, state law has been amended, making harassment based on a protected characteristic unlawful regardless of whether the ...

Read more about Sexual Harassment