Employer Liability in Harassment Cases

If Your Boss Ignored the Misconduct, They Could Be Legally Responsible

You reported it. Or maybe it happened right under management’s nose. And somehow, nothing changed. The harassment kept going. Maybe worse. That silence from your employer? That’s not just negligence. Under New York law, it could make them legally responsible for what happened to you. You didn’t sign up for mistreatment and you definitely didn’t agree to let your employer ignore it.

Our employment law attorneys at Horn Wright, LLP, hold employers across New York accountable when they let harassment happen unchecked. Whether they failed to stop it, covered it up, or retaliated against you for speaking up, we’ll help you pursue the justice and compensation you deserve. 

And if you’re in New Jersey, New Hampshire, Maine, and Vermont, employer obligations differ slightly, but we know the rules across all four states. 

For example, while New York mandates annual harassment training and a detailed written policy, some of these states have fewer or less specific preventive requirements for employers. This can affect how accountability is enforced and what documentation is available when building your case.

Wherever you work, your safety and dignity should never be negotiable and we’re ready to stand up for both. Every situation is different, but your right to be heard never changes. Call (855) 465-4622 now to schedule your free, no-obligation consultation.

It’s Not Just About the Harasser, It’s About the Employer Who Let It Happen

When harassment happens at work, your employer doesn’t get a free pass just because someone else did the damage. If they knew about it, or should’ve known, and didn’t do anything, they’re legally responsible. 

In New York, employer liability under Section 296-d of the New York State Human Rights Law (NYSHR) goes beyond just direct supervisors. It includes coworkers, vendors, clients, and even third parties.

• They’re liable if a manager did it. If the person harassing you had authority over your work, schedule, or pay, your employer is automatically on the hook. That’s true whether you reported it or not. The law assumes they knew.
• They’re liable if they ignored your report. If you told HR, your supervisor, or even a team lead and nothing changed, that’s employer negligence. Under New York law, failure to investigate or act can lead to financial liability.
• They’re liable if it was widespread. Harassment doesn’t have to be directed at you specifically. If your employer allowed a culture of sexual jokes, objectifying comments, or repeated misconduct, they’re responsible for that hostile environment. They don’t get to claim ignorance when the signs were everywhere.
• They’re liable for retaliation too. If you complained and suddenly got worse shifts, fewer hours, or write-ups that didn’t exist before, that’s not coincidence. It’s illegal retaliation and your employer is responsible.

A Company Can’t Pretend It Didn’t Happen If Everyone Saw It

One of the most common defenses we hear from employers is, “We didn’t know.” But under New York law, that excuse doesn’t fly if the harassment was open, repeated, or witnessed by other staff. If multiple employees knew about it, or if it happened in plain sight, the company should have known. And if they didn’t take steps to stop it, they’re liable.

This is especially true in industries with tight-knit teams or small office cultures. If someone made daily comments, shared inappropriate memes on Slack, or constantly stared at employees, it’s hard for leadership to claim they missed it. They had a duty to pay attention.

The law doesn’t just look at what happened. it looks at whether your employer had the opportunity to stop it and failed. Under 12 New York Code of Rules and Regulations Section 466.13, every company in New York must have a written anti-harassment policy. If that policy didn’t stop the abuse, or didn’t exist in the first place, that’s on them.

Even Outside Harassers Can Trigger Employer Liability

Harassment doesn’t just come from coworkers. Sometimes it’s customers, clients, vendors, or visitors. And just because they don’t work for the company doesn’t mean your employer can wash their hands of it. If the harassment affects your job and your employer allows it to continue, they’re still responsible under NYSHRL.

• They must act on third-party complaints. If you report harassment from a customer or vendor and your boss shrugs it off or says “just ignore it,” that’s not enough. They’re legally obligated to intervene. Doing nothing makes them liable.
• They can’t blame the industry. Whether you work in hospitality, healthcare, sales, or service, your employer doesn’t get to claim “it comes with the job.” New York law applies everywhere. A toxic customer shouldn’t be treated as more valuable than you.
• They’re expected to protect you. That means warning, removing, or even banning a harasser, regardless of who signs their check. If your employer doesn’t take visible steps to protect you, they could face serious legal consequences.
• They can’t retaliate for you speaking up. If you push back on a client who crossed the line and your employer punishes you, they’re violating retaliation laws under NY Labor Law Section 740.

Supervisors Make Employers Automatically Liable in Most Cases

When harassment comes from a manager or someone in charge, New York law takes it seriously. That’s because the power imbalance makes it harder to say no and easier for the behavior to go unchecked. If the person who harassed you had authority over your job, your employer is presumed to be liable.

This includes anyone who could influence your role, schedule, evaluations, or pay. It doesn’t matter if they weren’t your direct boss. If they had power and misused it, the company takes the fall. That’s because courts understand how hard it is to report misconduct when your livelihood is on the line.

Employers can sometimes escape liability only if they prove two things: that they took reasonable steps to prevent harassment, and that you unreasonably failed to report it. But under New York’s employee-friendly standards, that burden falls on them, not you. And most of the time, they didn’t do enough to stop it.

Hostile Work Environments Put Employers in the Crosshairs

Harassment doesn’t always come down to one person or one comment. Sometimes it’s the whole environment—off-color jokes in meetings, group texts filled with innuendo, or a department where touching, flirting, and comments are treated like no big deal. That’s what’s called a hostile work environment, and under New York law, your employer is responsible for preventing it.

• It doesn’t have to be directed at you. You don’t have to be the direct target to feel the impact of a hostile environment. If you're surrounded by sexist, crude, or sexual content every day, that counts.
• Widespread behavior counts. If multiple employees engage in inappropriate talk or actions and management does nothing, the company is responsible. Culture is a sign of negligence.
• A pattern is stronger than one incident. While a single serious event can qualify, repeated exposure to degrading or inappropriate conduct builds a legal case for harassment. If your company didn’t break the pattern, they’re on the hook.
• Your discomfort matters. The standard isn’t whether someone else would be offended. It’s whether the behavior interfered with your ability to work. If you had to take breaks to cool off or avoided certain people to stay sane, that’s real harm.

They Had a Policy? That Doesn’t Mean They Followed It

Almost every employer in New York is required to have a written anti-harassment policy and most do. But printing something in a handbook doesn’t protect a company from liability if they don’t enforce it. If your employer failed to train staff, ignored complaints, or didn’t investigate, the policy becomes meaningless.

Under 12 NYCRR § 466.13, employers must provide annual harassment training and explain how employees can report misconduct. If that didn’t happen, it weakens their legal defense. Even if training occurred, if reports were dismissed or swept under the rug, the courts won’t look kindly on that.

Employers are also required to document complaints and how they responded. If they can’t show clear records of action, or if you were punished after filing, the policy won’t shield them. The law looks at what they actually did, not what they say they believe. And that’s where many companies fail.

You Deserve Protection And Employers Don’t Deserve a Pass

If your employer let harassment go unchecked, failed to act, or punished you for speaking up, they violated your trust and New York law. Whether they ignored signs, protected the harasser, or used fear to keep you quiet, that responsibility is theirs to carry. And they can be held legally accountable for the damage you suffered.

We’ve helped employees across the state - from Albany to Queens, Buffalo to White Plains - take action when their employers failed to protect them. This isn’t about ruining reputations. It’s about restoring yours. About reclaiming the safety and respect you were entitled to in the first place.

Employer liability isn’t just legal jargon. It’s a way to force companies to take harassment seriously by hitting them where it hurts. And when you’re ready to speak up, one of the most respected law firms in the country is ready to help you hold them to the law.

Let’s Make Sure They Don’t Get Away With It Again

Our employment law attorneys at Horn Wright, LLP stand with workers across New York who’ve been harassed, ignored, or retaliated against by their employers. 

We’ll investigate how your company failed to protect you and take legal action to demand accountability. If they created or allowed a hostile environment, they’re not just negligent. They’re liable. And we’re here to help you make that clear.

Reach out online to arrange your complimentary case review.