FAQs

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What evidence do I need to present when reporting
a discriminatory act to the Commission?

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All we need from you is to hear about your experience.

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Just call the Commission and tell us what happened.

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Who can be liable for discriminatory harassment?

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Everyone is prohibited from committing acts of

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discriminatory act committed by a person who attacks

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When you bring a claim against a perpetrator, if the claim is or other protected status.
successful, the Commission can get an order demanding
that the discriminatory harassment stop. The Commission These acts are prohibited by the NYC Human Rights Law. Commission on
can order the harasser to pay compensation for emotional Human Rights
harm and civil penalties and for out-of-pocket expenses. @NYCCHR
BILL DE BLASIO CARMELYN P. MALALIS
NYC.gov/HumanRights Mayor Commissioner/Chair
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incident(s).
Human Rights

Assigning staff to respond.

Bias Response

Commission on

biasresponse@cchr.nyc.gov
To contact this team, please email:
Team at the NYC

response to bias incidents across the city.

possible investigation and prosecution.

other parties to contact and partner with.

activities and educational materials in this area.

Coordinating with Law Enforcement Bureau for
Providing resources and follow-up actions with
community leaders and other concerned parties.
Identifying community leaders, organizations, and

The Bias Response Team coordinates proper outreach

Gathering and confirming information regarding the

Identifying and evaluating the nature of the incident(s).

The Commission’s Bias Response Team under the
Community Relations Bureau leads the Commission’s
 New York State Attorney General RESOURCES
Letitia James Office of the NYS Attorney General SEXUAL
Dear New Yorkers,

Unwelcome comments or advances;

Civil Rights Bureau
28 Liberty Street, New York, NY 10005
(212) 416-8250
HARASSMENT
In The Workplace:
promises of advancement in exchange civil.rights@ag.ny.gov
for sexual favors; offensive “jokes” —
U.S. Equal Employment Opportunity Commission
Know Your Rights
sexual harassment can take many forms.
It affects not just the victim, but co- 1-800-669-4000
workers, families, and the workplace at 1-800-669-6820 (TTY)
large. We all have a stake in preventing it info@eeoc.gov
and stopping it when it happens. eeoc.gov

Victims of sexual harassment are often NYS Division of Human Rights

too afraid or embarrassed to come forward. It is important that
all workers know that there is help available for those who be-
lieve they are being illegally targeted. I am committed to equal-
ity in the workplace and to the enforcement of federal, state, and
local laws that give employees the right to be free from sexual
harassment. If you have questions about harassment and dis-
crimination in the workplace, please contact my office’s Civil
Rights Bureau.

All New Yorkers have the right to a workplace free from sexual
harassment and discrimination. Let us know if you need help.
http://www.dhr.ny.gov
1-888-392-3644

NYC Commission on Human Rights

(NYCCHR)
311 or 212-306-7450
http://www.nyc.gov/html/cchr/

If You Need Support

Being sexually harassed can be a traumatic experience. Places to
find support include:
SEXUAL

T O P
HARASSMENT
S
Sincerely,
• Woman’s Justice NOW Helpline: (212) 627-9895
• Legal Momentum Equality Works Program:
(212) 925-6635
Letitia James • Safe Horizon Crime Victim’s Hotline: N E W Y O R K S TAT E O F F I C E
(866) 689-HELP (4357) or
New York State Attorney General Rape & Sexual Assault Hotline: (212) 227-3000 of the
The State Capitol AT T O R N E Y G E N E R A L
Albany, New York 12224
1-800-771-7755
www.ag.ny.gov
Civil Rights Bureau
Sexual Harassment Defined
Sexual harassment is a form of gender-based discrimination. It involves
unwelcome sexual conduct that:
• Is used as the basis for hiring or other employment decisions, such
as promotions, raises or job assignments; or
Creates an intimidating, hostile or offensive work environment.
• Filing a Lawsuit in State or Federal Court
The harasser can be a supervisor, a co-worker or someone who is not
an employee, such as a client or customer. Harassment is illegal when
it is so frequent or severe that it creates a hostile or offensive work
environment or when it results in an adverse employment decision.
Sexual harassment may be verbal, visual and/or physical,
including:
• Sexually offensive remarks or jokes;
• Unwanted touching or groping;
• Coerced sex acts;
• Requests for sexual favors of a sexually suggestive nature (e.g.,
asking employee to dig coins out of a supervisor’s pants pocket);
• Displaying pornographic images;
• Comments (either complimentary or derogatory) about a person’s
gender or sexual preferences;
• Sexual gestures (e.g., pantomiming sex acts).
Sexual harassment is prohibited by Title VII of the 1964 federal Civil
Rights Act, New York State Human Rights Law and, in some instances,
local law (for example, the New York City Administrative Code). The
NYS Human Rights Law also protects against harassment based on
gender identity or transgender status.
Harassment on the basis of actual or perceived sexual orientation is also
prohibited by the New York State Orientation Non-Discrimination Act
(“SONDA”). For more information on SONDA,
visit https://ag.ny.gov/civil-rights/sonda-brochure.
Sexual Harassment Outside the Workplace
Sexual harassment can occur in contexts other than the workplace: in
housing, school, or other public accommodations. If you feel that you
have been sexually harassed by, for example, a landlord, teacher, or
service provider, you should consult with an attorney who can explain
all the available options.
Filing Complaints
Follow Employer Procedures First
You should first contact the person or office who may have been
designated by your employer to receive such complaints.
Consult an Attorney
Beyond reporting harassment to your employer, there is no one right
answer about how to proceed. It is advisable to consult an attorney who
can explain all of the available options. Note that there are deadlines or
filing a complaint under each of the laws prohibiting sexual harassment.
Ask the agencies listed about specific procedures and time limits that
apply. You will find contact information for all the agencies on the back
of this brochure.
New York State Office of the Attorney General (OAG)
Civil Rights Bureau
The Civil Rights Bureau determines whether your experiences are
evidence of a pattern, practice or policy of sexual harassment affecting
a significant number of people. The Bureau may then commence an
investigation and/or initiate legal action against the employer. NOTE:
The Attorney General represents the People of the State of New York,
not the individual making a complaint. Filing a complaint with the
OAG is not a substitute for bringing a case in court, and it does not
affect any of the filing deadlines or other administrative prerequisites for
filing a case in court or with other government agencies.
If you believe that you have been a victim of sexual harassment, you may
contact the Bureau at: Civil Rights Bureau, New York State Attorney
General’s Office, 28 Liberty Street, New York, NY 10005; or at (212)
416-8250 or (800) 771-7755; or at civil.rights@ag.ny.gov.
NYS Division of Human Rights (SDHR)
Complaints of sexual harassment may be brought under the State Human
Rights Law against an employer of any size. The State Human Rights
Law allows individuals to file a complaint with the SDHR or proceed
directly to court. The scope of and procedure for filing complaints under
local human rights laws may differ from those of the State Human Rights
Law. For instance, sexual harassment complaints under the NYC HRL
may only be brought against an employer with more than 4 employees.
U.S. Equal Employment Opportunity Commission (EEOC)
Sexual harassment complaints under Title VII of the federal Civil Rights
Act may only be brought against employers with more than 15 employees
and must be filed with the EEOC before commencing litigation. The
EEOC is a federal administrative agency that investigates employment
discrimination complaints brought under federal law.
Depending on the law on which a complaint is based, an individual
may also have the right to file a lawsuit against their employer in state
or federal court. Although a Title VII claim may only be brought in
court after a charge is first filed with the EEOC, the NYS HRL does
not require individuals to file a complaint with the SDHR or any other
agency before bringing an action under the law in court.
Protections Against Retaliation
Retaliation for making a complaint about sexual harassment is prohibited
by law. If this occurs, you may have a separate claim of retaliation in
addition to any claim of sexual harassment. Retaliation occurs when the
terms and conditions of one’s work are unfavorably changed as a result of
one’s reporting sexual harassment or cooperating with the investigation of
a sexual harassment complaint or lawsuit. If you believe you have suffered
retaliation, you should consult with an attorney and inquire with the agencies
listed above as to the specific time limits and procedures that apply.
Women, Men and Third Parties are Protected
The law protects both men and women, and also covers incidents in
which the harasser and the victim are of the same sex, regardless of
sexual orientation.
Third parties may complain when one or more of the following occurs:
(1) submission to sexual demands is a general condition of employment;
(2) harassment directed at others adversely affects the third party’s work
environment; or (3) offensive sexual conduct, even if consensual between the
parties involved, is creating a hostile work environment for the third party.
Sometimes the Harassment Is Criminal
If the harassment involves physical touching, coerced physical
confinement, or coerced sex acts, the conduct may constitute a crime. If
you believe you have been the victim of a crime, you should file a report
at your local police department. However, the conduct need not be
criminal in nature to constitute unlawful gender-based discrimination.