Sexual harassment pervades almost every type of workplace throughout the country. While New York sexual harassment statutes offer employees tools to fight back against harassment, hostile work environment, and retaliation, new stories of harassment appear nearly every day alongside success stories. It is worth examining how the law protects people from harassment in the workplace, and how the law falls short. Laws like the New York City Human Rights Law (NYCHRL) provide protection against these practices, but many industries and professions continue to maintain cultures that often seem to support the harassers over the harassed. A story published last year in the Washington Post describes a survey of space scientists, which indicated that both racial and sexual harassment are significant concerns, particularly for women of color working in that field.
The NYCHRL, Title VII of the Civil Rights Act of 1964, and many other statutes prohibit workplace discrimination on the basis of sex, race, and other factors. Sexual harassment is generally considered to be a form of sex discrimination under all of these statutes. Unlawful sexual harassment includes a range of acts, including unwelcome sexual remarks, jokes, or overtures that, in the aggregate, create a hostile work environment. Acts that, examined in isolation, might seem relatively minor could become part of a hostile work environment if they occur in vast numbers. A small number of acts could constitute a hostile work environment if they are particularly severe.
Many workers do not speak out about harassment for fear of losing their jobs or suffering other punitive actions. In addition to prohibiting sexual harassment, these laws also prohibit retaliation against employees who report concerns to a supervisor or manager, who take other actions to oppose the alleged harassment internally, or who make a report to a government agency like the New York City Human Rights Commission or the federal Equal Employment Opportunity Commission.