EEOC Sexual Harassment Claims

Filing an EEOC Claim Feels Intimidating Until You Know the Power It Gives You

You’ve tried to ignore it. Maybe you spoke up and nothing changed. Or worse, things got worse. 

If your workplace has crossed the line and you’re ready to do something about it, filing a claim with the Equal Employment Opportunity Commission (EEOC) might be your next step. And no, you don’t have to have everything perfectly documented or be completely sure about what happened. You just have to know something wasn’t right and be ready to speak.

Our employment law attorneys at Horn Wright, LLP, guide employees across New York through every part of the EEOC claims process, from preparing the paperwork to negotiating settlements to filing lawsuits if needed. 

If you’re dealing with sexual misconduct in the workplace, this claim can be your legal foundation for holding your employer accountable. In New Jersey, New Hampshire, Maine, and Vermont, some rules differ slightly, but the process is still something we handle every day. 

In these states, the burden of proof or available remedies may not align exactly with New York’s broader protections, which can affect how damages are pursued. Some agencies also follow different complaint intake procedures or deadlines, so having the right legal guidance early on is essential.

Contact our office today to get started with a complimentary case review.

What Is the EEOC and Why Does It Matter to Your Case?

The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws against workplace discrimination, including sexual harassment. If you want to file a federal lawsuit against your employer, going through the EEOC is usually your first stop. In fact, in most cases, you can’t go to court without filing a charge with them first.

• It handles Title VII violations. Sexual harassment falls under Title VII of the Civil Rights Act, which the EEOC enforces nationwide. That means if your employer has at least 15 employees, you’re likely covered under federal law.
• It investigates and mediates complaints. When you file a charge, the EEOC notifies your employer, reviews your claim, and may offer mediation. They also have the power to subpoena documents and interview witnesses.
• It gives you the right to sue. If your case isn’t resolved during investigation or mediation, you can request a “Right to Sue” letter. That letter allows you to file your own lawsuit in federal court.
• It doesn’t replace New York options. You can still file with the New York State Division of Human Rights (NYSDHR). In fact, many cases are “dual-filed” with both agencies for maximum protection.

Not Sure If It Qualifies? Here’s What the EEOC Looks For

You don’t need to have a dramatic or obvious story for your case to matter. The EEOC is trained to recognize a wide range of misconduct—some subtle, some overt. And under both federal and New York law, your discomfort, your boundaries, and your experience are what matter most.

• Unwanted sexual comments or jokes. Repeated remarks about your appearance, sexual innuendos, or offensive “jokes” can absolutely qualify. Even if they’re framed as compliments, if they make you feel targeted or uncomfortable, they count.
• Physical behavior or unwanted touching. This includes brushing up against you, hugging you without permission, standing too close, or any contact that feels invasive. You don’t have to be grabbed or assaulted for it to be illegal.
• Inappropriate digital messages. Texts, emails, direct messages, and social media messages that cross the line, especially from supervisors, are taken seriously. Keep screenshots, even if you never responded.
• Threats or pressure from someone in power. If your manager implies or suggests that your job depends on giving in, it’s not a gray area. That’s quid pro quo harassment, and it’s one of the strongest EEOC claims you can make.

How to File Your EEOC Sexual Harassment Claim in New York

Filing a claim doesn’t have to be overwhelming. While it’s a serious legal process, it starts with a simple form. And with the right help, you can move through each step with confidence and clarity.

You have up to 300 days from the most recent incident to file your claim in New York. You can do this online through the EEOC Public Portal, by mail, in person at the EEOC’s New York District Office, or by calling to schedule an interview. Be ready to explain what happened, who was involved, and how it affected your job.

Once filed, the EEOC contacts your employer and begins its process. This might include mediation, interviews, and requests for documentation. Having legal representation during this phase ensures your story is heard and your evidence is handled properly. And if mediation fails, we’ll be ready to move forward with the next steps.

What Happens After You File? These Are Your Next Legal Moves

Once the EEOC receives your complaint, they begin investigating. That doesn’t mean a courtroom or trial. It means collecting information. You may be contacted for an interview, asked to submit documents, or invited to mediation. Meanwhile, your employer is notified and asked to respond.

• Mediation is often the first offer. This is a voluntary process where a neutral party helps both sides try to settle the matter. It’s confidential and can lead to faster resolutions. If both sides agree, it can save time and stress.
• The EEOC might investigate further. If mediation fails or isn’t attempted, the EEOC will conduct a deeper review. They may interview witnesses, examine workplace policies, or request internal communications.
• You might get a Right to Sue letter. If they don’t find enough evidence or can’t resolve the issue, they’ll give you permission to file a federal lawsuit. This doesn’t mean your claim is weak. It just shifts the fight to court.
• The agency may take action itself. In rare cases, the EEOC files a lawsuit on your behalf. This usually happens when there’s clear evidence or the employer has a history of violating the law.

Don’t Let Your Employer Retaliate for Filing a Claim

Reporting misconduct already takes a toll. The last thing you need is for your employer to make things worse after you file. But unfortunately, retaliation is one of the most common issues after someone speaks up. The good news? It’s illegal and it often leads to even stronger claims.

• They can’t cut your hours. If you’re suddenly working fewer shifts, getting undesirable assignments, or being left out of meetings after filing, that’s retaliation. New York and federal law both forbid it.
• They can’t fire you for speaking up. Losing your job or being “laid off” right after reporting harassment is a red flag. Courts and the EEOC both see through that excuse quickly.
• They can’t harass you in new ways. If coworkers start treating you differently, managers become hostile, or you’re iced out of your team, that still counts. Toxic environments are a form of retaliation.
• They can’t demand silence. If HR or a supervisor tells you not to talk about your complaint, they’re violating your rights. You’re allowed to tell your story and to get help.

You Still Have State-Level Options and You Can Use Both

New York’s protections against workplace harassment are some of the strongest in the country. That means even while filing an EEOC claim, you may also have the right to file under New York State Human Rights Law (NYSHRL Section 296). In fact, most cases are “dual-filed” automatically.

The benefit? You have additional remedies available under state law, including broader protection for small employers and fewer barriers to proving harassment. Plus, filing with the New York State Division of Human Rights (NYSDHR) allows your case to be heard in a more local setting.

Our employment law attorneys often recommend filing with both the EEOC and NYSDHR for maximum protection. This approach allows us to keep multiple legal options open and fight for the best possible outcome in your case. It’s about expanding your chances of success.

Your Voice Is Powerful. Your Claim Makes It Heard.

Filing with the EEOC doesn’t fix what happened overnight, but it puts your story on record. It sends a message to your employer that you’re serious. And it opens the door to real consequences, real compensation, and real change.

We’ve helped workers from Buffalo to the Bronx file strong, detailed EEOC complaints that led to settlements, job reinstatements, and policy overhauls. 

One of the most trusted law firms in the country is here to help you write your claim, protect your documents, and stand firm through every twist and turn. You’ve carried this weight long enough. Let’s put it somewhere it can make a difference.

Let’s Make Sure They Hear You Loud and Clear

Our employment law attorneys at Horn Wright, LLP, help New York employees file powerful, effective EEOC sexual harassment claims that demand change. 

Whether you’re ready to file or still weighing your options, we’ll walk you through every step—protecting your job, your rights, and your peace of mind. 

You’ve got something to say. We’ll make sure the law listens. Reach out at (855) 465-4622 today to arrange your free, no-pressure consultation.