FAQs About Sexual Harassment Claims

When Employers Look the Other Way, Harassment Gets Worse

Workplace harassment spreads when employers don’t stop it. If your boss ignored the signs or failed to act when you reported it, that’s not just wrong. It could make them legally responsible.

New York law holds employers accountable when they “knew or should have known” about harassment but failed to take appropriate action. 

This means if HR shrugged it off or a manager downplayed the issue, they might be on the hook. That’s especially true under the New York State Human Rights Law, which protects employees at businesses with even just one employee.

This standard matters. It puts responsibility where it belongs. On the people in charge. And it means you have the right to demand better.

If you work in New Jersey, New Hampshire, Maine, and Vermont, the laws protecting employees differ slightly from those in New York. For instance, New Hampshire focuses more heavily on manager accountability, while Vermont requires employers to take proactive steps to prevent harassment before it even starts. 

Maine places a strong emphasis on training and clear reporting pathways. Our employment law attorneys at Horn Wright, LLP, understand the legal frameworks in each of these states and offers tailored guidance to help you take action no matter where you're located.

What Counts as Employer Negligence?

Negligence isn’t just about doing something wrong. It’s also about not doing enough. When it comes to harassment, employers have specific duties. If they don’t meet them, you’ve got options.

• Ignoring complaints. If you told someone in leadership about harassment and they failed to act, that’s a red flag. Saying "boys will be boys" or brushing it under the rug is unacceptable. Failing to investigate or follow up could make them legally liable. Silence after a report often sends the message that bad behavior is tolerated.
• Not having clear policies. Every company should have a written harassment policy and a way to report problems. If yours doesn’t, or no one follows it, courts may view that as negligent. Lack of training can also point to employer failure. A missing or poorly communicated policy can leave employees completely unprotected.
• Letting a hostile culture thrive. Toxic work environments don’t just appear overnight. If leadership lets sexist jokes fly, tolerates inappropriate behavior, or retaliates against people who speak up, it creates legal risk. Culture counts. A pattern of normalized disrespect can show a broader failure of leadership.
• Failing to separate parties. When someone reports harassment, the employer should take steps to protect them. That might mean reassigning shifts, changing reporting structures, or offering remote options. Leaving you exposed can amount to negligence. Doing nothing increases the chance of repeated harm.

Inaction has consequences. And under both federal and state law, it’s often enough to turn a company into a defendant.

Why Employers Get It So Wrong

You’d think companies would jump to fix a harassment issue. But many don’t. Not because they don’t care, but because they care more about appearances, profit, or protecting leadership.

Some managers downplay complaints to avoid conflict. Others think they’re protecting the company by staying quiet. Sometimes, HR is more concerned with minimizing legal risk than supporting you. And in smaller businesses, the person causing the problem might be the same one handling your report.

It’s a broken system, and it leaves employees feeling powerless. But that’s exactly why the law gives you the right to hold them accountable. You don’t have to accept silence as an answer.

New York courts recognize that passive behavior can be just as damaging as active misconduct. When supervisors refuse to act or pretend it didn’t happen, they might be creating liability for the whole company. Ignoring the warning signs is no defense when someone gets hurt.

Negligence Looks a Bit Different in Other States

Employer responsibilities vary slightly per state. For example, Vermont’s laws require proactive steps by employers to prevent harassment, not just to respond once it happens.

New Hampshire emphasizes workplace policies and manager accountability more than New York. And Maine has strict training and reporting standards that can affect whether negligence applies.

New Jersey courts examine how quickly and thoroughly an employer investigates complaints. Delays or superficial reviews can significantly increase liability under NJ’s expansive employee protections.

Each state handles these cases a little differently, which is why our employment law attorneys are equipped to handle cross-state claims. Whether you’re remote or in-office, knowing how the law applies in your state is key to getting results.

Additionally, procedural differences in how agencies like the New Hampshire Commission for Human Rights or the Vermont Human Rights Commission process claims can change how evidence is submitted and reviewed. Failing to understand these distinctions can put your claim at risk. We know the rules across all five states and adjust strategies to fit each one.

What You Can Do Right Now

You might feel like nothing you say will matter. But it does. Here’s what you can do today to protect yourself:

• Document every detail. Write down what happened, when, and who witnessed it. Save texts, emails, and messages that support your claims. The more detailed your records, the stronger your case. This documentation could become the backbone of your claim.
• Report through official channels. Even if it feels pointless, make a formal report. This creates a paper trail that can prove your employer was notified. Keep a copy for your own records. It’s a step that shows you took the issue seriously.
• Talk to a lawyer. You don’t have to handle this on your own. An employment attorney can help you understand your rights and how to move forward. They’ll know what evidence matters and what next steps are worth taking. Legal guidance now can prevent bigger problems later.
• Watch for retaliation. If your employer cuts your hours, changes your role, or treats you differently after a complaint, document it. Retaliation is illegal and can be part of your claim. Keeping a log of treatment after your report could be key evidence. Even subtle changes can add up and support your case.

You’re not overreacting. You have legal options, and they start with knowing your rights.

Employers Have a Duty to Stop the Harm

Once harassment is reported, the employer’s job isn’t done. In fact, it’s just beginning. They’re legally required to take steps that stop the behavior and prevent it from happening again.

That could mean conducting a full investigation, disciplining the harasser, or changing workplace protocols. If they don’t act, or if they do the bare minimum, they might be seen as complicit. And under New York law, that could lead to real consequences.

What matters most is whether they took reasonable steps. Not perfect ones, but serious, good-faith efforts. If all they did was shuffle papers or hold a 5-minute meeting, that won’t cut it.

Even if harassment stops for a while, if the culture isn’t fixed, it can come back stronger. Employers must show they’re committed to long-term solutions, not just quick cover-ups. Real change takes effort, and anything less isn’t enough under the law.

The Power of Filing a Legal Claim

Filing a claim can feel like a major step, but it’s often the most effective way to create real change. Here’s how taking legal action works:

• It forces accountability. Employers may ignore verbal complaints, but a legal claim compels them to respond. That means you’re no longer just hoping they’ll do the right thing. You’re demanding it.
• It can trigger workplace reforms. Beyond compensation, a claim may lead to policy changes, mandatory training, or even management changes. It’s a way to protect others, not just yourself.
• It gives you power back. Legal action turns a powerless situation into one where you’re calling the shots. With an experienced legal team, you’ll have someone in your corner every step of the way. That support can change everything.

Legal claims send a message: harassment is a serious violation of your rights.

Let’s Talk About What Your Employer Failed to Do

If your company turned a blind eye to harassment, you have the right to take action. 

As one of the most respected employment law practices, Horn Wright, LLP, is dedicated to proving negligence and fighting for justice in workplaces across New York, New Jersey, Maine, New Hampshire, and Vermont.

Call (855) 465-4622 today to schedule your complimentary case review. We’ll take it from there.