How to File a Sexual Harassment Complaint

You Shouldn’t Have to Tolerate This at Work Another Day

It starts with an uncomfortable joke. Or a lingering glance. Or maybe a sudden change in how your supervisor treats you after you say no. 

You don’t have to guess whether it’s serious. When your boundaries are crossed at work, it’s harassment. And if it’s sexual in nature, New York law is on your side. No one should feel powerless at their job just to keep a paycheck.

Our employment law attorneys at Horn Wright, LLP, stand with New York employees who are dealing with sexual harassment at work—whether it’s verbal, physical, or completely inappropriate digital communication. 

We walk you through every step of filing a complaint, holding your employer accountable, and protecting your rights. If you’re in New Jersey, New Hampshire, Maine, and Vermont, employment protections are slightly different, and we handle those too. 

Wherever you are, we’ve got your back. Call (855) 465-4622 today to request your complimentary case review.

Not Sure It Counts as Harassment? Here’s What the Law Actually Says

Sexual harassment doesn’t have to be physical to be illegal. Under New York State Human Rights Law (NYSHRL Section 296), any unwelcome sexual behavior—whether it’s jokes, comments, gestures, or outright threats—can qualify. You don’t need to prove it was “severe” or “pervasive” anymore. If it makes your work environment hostile, uncomfortable, or intimidating, that’s enough.

• Verbal harassment is still serious. Repeated dirty jokes, sexual comments, or questions about your body or love life can cross the legal line. The law protects you from being forced to tolerate that kind of behavior. It doesn’t have to be said directly to you to count. If it affects your environment, it matters.
• Digital messages are covered. Unwanted texts, emails, direct messages (DMs), or even Snapchats from coworkers or managers fall under harassment laws. Screenshots, timestamps, and saved messages can help prove what happened. You don’t have to respond for it to be harassment. Silence doesn’t mean consent.
• Power dynamics can turn any advance into harassment. If someone in a position of power over you makes a move, even if they frame it as a joke, it’s not just inappropriate, it could be illegal. Whether it's your boss, manager, or even a higher-up from another department, the law doesn't let them hide behind their title. That kind of pressure shouldn't exist at work.

Step One: Start Documenting What’s Happening

Before you file anything, it helps to gather evidence, especially if the harassment is ongoing. You don’t need a mountain of proof, but even a few details can make your case stronger. New York law doesn’t require a “smoking gun,” but written records can go a long way toward holding someone accountable.

Start by writing everything down. Make note of dates, times, locations, and what was said or done. Include who was there, how you responded, and what happened afterward. Keep this record somewhere private and secure, ideally outside your work email or shared systems.

If you have texts, emails, or photos, save them. If coworkers witnessed what happened, write down their names too. Under New York Labor Law Section 740, employers can’t retaliate against you for documenting or reporting misconduct. You’re allowed to protect yourself and your notes might become key if you move forward with a formal complaint.

Follow Your Company’s Complaint Policy, But Only If It’s Safe

Most New York employers are required to have a written sexual harassment policy. That means they should explain how to report misconduct and who to talk to. But just because the process exists doesn’t mean it’s always safe to follow. If your harasser is your supervisor, or if HR seems biased, you don’t have to stay silent.

• Read your employee handbook. If your job gave you one, it should include the company’s sexual harassment reporting process. Even if no one mentioned it out loud, it's still official. Familiarize yourself with how complaints are handled and who receives them.
• Put your report in writing. If you do choose to file internally, make sure it’s documented. Send an email or write a dated letter describing what happened. Don’t rely on verbal reports alone. A written complaint creates a clear paper trail that’s hard for employers to ignore.
• Be cautious if you don’t trust HR. If your company has a toxic culture or has ignored complaints before, you’re not obligated to go through them first. New York law doesn’t require you to use internal channels before seeking outside help. You can file with the state or an attorney right away.

Filing with the State: What You Need to Know

If your employer refuses to act, or if you don’t feel safe reporting internally, you can file a complaint with the New York State Division of Human Rights (NYSDHR). This agency enforces the state’s anti-harassment laws and offers a formal way to investigate your claims.

The complaint must be filed within three years of the last incident. You’ll submit a signed, written form describing what happened and who was involved. Once they receive your complaint, NYSDHR will notify your employer and begin an investigation. You may be interviewed, and witnesses could be contacted.

The agency may offer mediation or propose a settlement. If no resolution is reached, the case moves to a hearing. A judge reviews the facts and decides whether your rights were violated under Article 15 of the New York Executive Law. If they rule in your favor, you could be awarded back pay, damages, reinstatement, or policy changes at your job.

Federal Option: When to File with the EEOC Instead

If your employer has 15 or more employees, you can also file a federal complaint with the Equal Employment Opportunity Commission (EEOC). This route is often taken when cases involve discrimination across multiple states or when employees want federal enforcement involved.

• Time matters. The EEOC requires you to file within 300 days of the harassment incident if you’re in New York. Missing this deadline can shut down your case, even if the harassment was obvious.
• You must request a right-to-sue letter. If you want to file a federal lawsuit later, you’ll need this letter from the EEOC. You can request it after 180 days have passed, or sooner if the EEOC finishes its investigation quickly. This step is required before going to court under Title VII of the Civil Rights Act.
• The EEOC process doesn’t cancel state options. You can file with both the EEOC and NYSDHR, but they usually share information. Choose one to start, and if needed, your complaint can be dual-filed. Your lawyer can help you decide which is best based on your goals.

You’re Protected Even If You’re Still at Work

One of the biggest fears people have is retaliation. New York law shields you from being fired, demoted, denied shifts, or mistreated just because you spoke up about harassment. That protection kicks in the second you report it.

Under New York Labor Law Section 740 and NYSHRL, you’re legally protected from retaliation whether your complaint is internal, with the state, or with a lawyer. Even if the claim isn’t ultimately successful, the law still prevents your employer from punishing you for trying.

If your job suddenly becomes unbearable after filing, document everything. If your hours get cut or you’re targeted with bogus discipline, those could be signs of retaliation. You’re allowed to bring those claims forward, too. Your courage deserves protection, not punishment.

You Don’t Have to Do This Alone, There’s Strength in Reaching Out

Filing a sexual harassment complaint isn’t easy. It’s emotionally draining, legally complex, and sometimes isolating. But you’re not overreacting. And you’re not being dramatic. You’re protecting your right to feel safe and respected in the place where you earn your living.

Many of our clients in New York have waited months, or years, to come forward because they didn’t know what to expect. That delay doesn’t mean your pain isn’t valid. Whether you’re still working at the company or you’ve already quit, your story matters.

As one of the country’s most trusted employment law practices, we listen without judgment. We’ll walk you through the process without pressure. And we’ll help you decide whether to file internally, with the state, or in court. This isn’t just about one incident. It’s about standing up for yourself and making sure no one else has to face what you did.

Let’s Help You Take the Next Step Toward Justice

Our employment law attorneys at Horn Wright, LLP, are committed to standing with New Yorkers who’ve experienced sexual harassment at work. We understand how deeply this can affect your life, and we’re here to help you take the next step, on your terms. 

Whether you're ready to file or just need answers, we’ll give you the clarity and support you deserve. Your voice matters, and we’ll make sure it’s heard. Contact our office to schedule your free consultation.