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Identifying Sexual Harassment

Identifying Sexual Harassment

Something Feels Off at Work and You’re Right to Trust That Feeling

It’s more than a gut feeling. Maybe it started with weird comments. Or those awkward “accidental” touches that just keep happening.

You’ve been second-guessing yourself, wondering if you’re overreacting. You’re not. In New York, sexual harassment includes a wide range of behavior and far too many people experience it without realizing they can take action.

Our New York employment law attorneys at Horn Wright, LLP, help residents figure out what’s really going on and what to do next. Whether it’s a hostile work environment, inappropriate messages, or coercion disguised as “jokes,” we’ll help you make sense of it.

If you’re reading from New JerseyNew HampshireMaine, and Vermont, employee protections exist there too, but the legal thresholds are slightly different. Unlike New York, which no longer requires harassment to be "severe or pervasive" to qualify as unlawful, some of these states still apply stricter standards. 

That means the type or frequency of conduct required to support a claim may vary, which can affect how your case is built and pursued. No matter where you work, we’re here to listen and help you take the next step.

Reach out at (855) 465-4622 to request your free, confidential consultation.

Not All Harassment Looks the Same, But It’s All Harmful

Sexual harassment can take many forms. Some behaviors are subtle. Others are aggressive. And plenty of them exist in that gray area that makes you feel uncomfortable, but not sure what to call it. Under New York Human Rights Law (NYSHRL Section 296), the behavior doesn’t have to be “severe” or “pervasive” anymore. It just has to be unwelcome.

  • Comments that cross the line. Sexual jokes, suggestive nicknames, or constant remarks about your appearance are inappropriate, even if they're framed as compliments. The law focuses on how it impacts you, not the intent behind it. If it makes you uncomfortable, it matters. You don’t have to justify why it bothered you.
  • Staring, touching, or body language. Leering looks, unnecessary touching, or gestures that make your skin crawl fall under harassment. Even a quick brush or lingering hand can send the wrong message. It’s not harmless if it makes you shrink inside. You have every right to work without being physically unsettled.
  • Repeated behavior after you’ve said stop. If someone keeps testing your boundaries after you’ve asked them to stop, even jokingly, that’s harassment. It shows they don’t care how it affects you. This includes unwanted texts, DMs, and “accidental” run-ins. Once you say no, it’s their responsibility to respect that.

Verbal Harassment: It’s Not Just Words When It Wears You Down

When people think of sexual harassment, they often think of physical acts or propositions. But verbal harassment can be just as damaging and it’s far more widespread. It can chip away at your comfort, your confidence, and your peace of mind day after day.

This includes catcalls, dirty jokes, sexual innuendos, or questions about your private life. You might hear it during meetings, at the water cooler, or even over company chat. Just because it happens out loud doesn’t mean it disappears the next day. Under NYSHRL and Title VII of the Civil Rights Act, words that create a hostile environment are enough to support a harassment claim.

Many people minimize this behavior because it doesn’t leave a mark. But emotional harm counts too. When you flinch every time someone walks by or feel sick before shifts because of one person’s mouth, that’s a warning sign. And the law says you don’t have to endure it to keep your job.

It’s Harassment Even If It Happens Online or After Hours

The law doesn’t stop protecting you when you log off. If a coworker or supervisor sends you unwanted messages, flirts through company email, or crosses boundaries on social media, it can still be considered workplace harassment, especially if it’s linked to your job.

  • Unwanted messages count. Sexual jokes, memes, photos, or flirty texts sent during or after hours can create a hostile work environment. You don’t have to reply for it to be harassment. The fact that they sent it in the first place is enough.
  • Work chat isn’t a free-for-all. Comments in Slack, Teams, or any internal platform that are sexual, explicit, or uncomfortable are still part of your workplace. Just because it’s typed doesn’t make it less serious. If it would be inappropriate in person, it’s inappropriate online.
  • Social media connections can cross the line. If a coworker follows you on Instagram and starts liking personal photos, DMing inappropriate things, or commenting suggestively, it might be harassment, especially if you've asked them to stop. If they use their access to your personal life to pressure you, that’s a problem.

Power Plays Are the Most Dangerous Form of Harassment

Sexual harassment becomes especially toxic when there’s a power imbalance. That’s when a manager, supervisor, or someone in control of your schedule or pay uses their position to intimidate or manipulate. They might not say “do this or else,” but the message is loud and clear.

One form this takes is “quid pro quo” harassment. It means “this for that”—like offering raises, promotions, or special treatment in exchange for sexual favors. It could also look like threats: denying opportunities, cutting hours, or passing you over if you don’t play along.

Under NYSHRL and federal law, these actions are illegal. You do not have to submit to advances to protect your job. The law recognizes how hard it is to say no when the person harassing you controls your livelihood. That’s why courts look at context, not just words. And that’s why your experience matters.

It’s Still Harassment If They Say They Were Just Joking

“Relax, it was just a joke.” Those seven words get used to dismiss a mountain of workplace abuse. But under New York law, how the behavior affects you is what counts, not how your coworker or boss tries to explain it away.

  • Intent doesn’t excuse impact. Someone might claim they were being “friendly” or that you’re too sensitive, but that doesn’t change how it made you feel. If it disrupted your work, your comfort, or your ability to function, that’s valid. The court won’t care if they “didn’t mean it.”
  • The pattern matters. One offhand comment might not be illegal—but repeated, escalating, or targeted jokes absolutely can be. If you're singled out or treated differently, it matters. Consistent disrespect builds a hostile work environment.
  • It doesn’t have to be directed at you. Harassment affects everyone in the environment, even if the comments aren’t aimed at you personally. If you’re stuck working in a department full of graphic jokes or sexual talk, that can still be considered illegal behavior. You shouldn’t have to tune it out just to get through your day.

Bystanders Aren’t Helpless, You Can Speak Up Too

If you’re witnessing sexual harassment in your workplace, you’re not powerless. New York law allows coworkers and third parties to file complaints, especially if the behavior affects your own comfort or work environment. Being a bystander doesn’t mean staying silent.

Sometimes it’s easier to recognize harassment from the outside. You may notice a pattern, see how someone’s being treated, or even catch inappropriate messages being sent around. Document what you see. Write down dates, times, and details. If you feel safe, check in with the person affected.

Your employer has a responsibility to protect everyone, not just the person directly targeted. Reporting what you observe could make the difference. And if your employer retaliates against you for doing so, New York Labor Law Section 740 protects your right to speak up without fear.

The More You Know, the Stronger You Stand

Recognizing harassment isn’t about memorizing laws or waiting for something “serious” to happen. It’s about listening to your instincts and knowing what behaviors cross the line. The more familiar you are with your rights, the easier it is to push back and seek help.

In New York, you’re protected whether the harassment happens once or repeatedly. You don’t have to wait until it becomes unbearable. Document what’s happening. Talk to someone you trust. Reach out for legal guidance if something doesn’t feel right.

You deserve to feel safe and respected. Period. No one should have to power through discomfort or fear to keep their job. The law is clear. If something at work makes you feel sexually threatened, pressured, or objectified, you’re allowed to speak up and demand better.

Ready to Talk? We’re Here to Listen and Take Action

Our employment law attorneys at Horn Wright, LLP, are here for New Yorkers who’ve experienced sexual harassment on the job. Whether you’re still unsure if what you’re facing is illegal or you’re ready to file a complaint, we’ll help you sort it out with care and clarity. You shouldn’t have to figure this out alone and with us, you won’t. We’ll walk every step with you, from identifying harassment to holding them accountable.

Leave a message online to get started. Receive legal representation from one of the most respected law firms in the country. 

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