Sexual harassment in the workplace is unlawful in New York City under multiple anti-discrimination statutes. Multiple court decisions have held that prohibitions on sex discrimination include sexual harassment. Aggrieved employees can assert their rights before regulatory agencies at the city, state, or federal levels, or they can take their claims to state or federal court. A lawsuit filed in a state-level court in Manhattan earlier this year illustrates many of the types of claims seen in New York City sexual harassment cases. Green v. Exusia, Inc., et al., No. 151989/2017, complaint (N.Y. Sup. Ct., N.Y. Cty., Mar. 1, 2017). The complaint asserts causes of action for discrimination and retaliation under city and state laws, and it seeks monetary damages, declaratory judgment, and injunctive relief.
The New York City Human Rights Law (NYCHRL) is one of the most comprehensive anti-discrimination statutes in the country, offering protection against discrimination and harassment on the basis of a wide range of categories, including gender. N.Y.C. Admin. Code § 8-107(1)(a). It defines “gender” to include not only a person’s “actual or perceived sex” but also factors like gender identity and gender expression. Id. at § 8-102(23). The New York State Human Rights Law (NYSHRL), while not as far-reaching as the NYCHRL, offers protection against employment discrimination on the basis of sex. N.Y. Exec. L. § 296(1)(a).
The plaintiff in Green began working for the defendant, described in the complaint as “a rapidly growing data and information management consulting firm,” in November 2015. Green, complaint at 1. The job involved “working directly with [the company’s] Chairman, President, and Chief Executive Officer,” who is also individually named as a defendant. Id. The plaintiff’s experience as an employee, she alleges, was “marred by [the individual defendant’s] sexual desires and offensive conduct.” Id.