Sexual Harassment by Co-workers

Harassed by a Coworker? You Deserve a Workplace That Feels Safe

Getting harassed by someone you work with is destabilizing. Your workplace should be a place where you feel respected, not somewhere you have to constantly look over your shoulder. When a coworker crosses the line, it can leave you anxious, angry, and unsure of what to do next.

Our employment law attorneys at Horn Wright, LLP, stand with workers across New York who’ve experienced inappropriate treatment from colleagues. Whether it’s subtle jabs or blatant misconduct, we know how to take action. 

And if you're in New Jersey, New Hampshire, Maine, and Vermont, employer obligations vary a bit, but we’ve handled cases in all four states and understand the state-specific differences that matter.

What Counts as Harassment from a Coworker?

Not every rude or awkward moment qualifies as workplace harassment. But when things become ongoing, offensive, or targeted because of your gender or identity, that’s where the law steps in. 

In New York, you’re protected under the New York State Human Rights Law (NYSHRL Section 296), which doesn’t require the conduct to be "severe or pervasive" to qualify as harassment.

This means you don’t have to endure months of torment just to speak up. One humiliating comment or action can be enough if it creates a hostile or degrading environment. 

That includes sexually suggestive jokes or comments, unwanted touching, leering or inappropriate gestures, sexual messages or photos, and retaliation after rejection.

When HR Doesn’t Take It Seriously

Reporting a coworker doesn’t always go as planned. Sometimes HR brushes it off, calls it a misunderstanding, or tells you to "just avoid them." That response doesn’t just fail to fix the problem. It can make it worse.

If your employer knew about the harassment and failed to act, they could be held legally responsible. In fact, in New York, companies are required to investigate all complaints promptly and thoroughly. When they don’t, they risk violating both state and federal law.

HR mishandling shows up in several ways:

• They dismiss your report as personality conflict. This minimizes your experience and allows inappropriate behavior to continue unchecked. It also discourages others from coming forward.
• They delay the investigation or never follow up. Dragging their feet can put you at greater risk. It sends the message that your safety isn’t a priority.
• They let the harasser stay on your team or schedule. That can feel like punishment for speaking up. It also increases the risk of continued harassment.
• They share your complaint with others, breaking confidentiality. Gossip spreads quickly, especially in tight-knit teams. You shouldn’t have to suffer extra scrutiny because HR failed you.

5 Red Flags That a Coworker’s Behavior Crossed the Line

You might wonder if you're being too sensitive. But if these behaviors feel wrong to you, they probably are and they may be legally actionable.

• It happens in front of others. Embarrassing, lewd, or sexual comments in meetings or shared spaces? That’s a sign of blatant disregard. Harassers sometimes use public settings to mask intent. They hope the presence of others will normalize what they're doing.
• They keep pushing boundaries. If you've asked them to stop, even once, and they don’t, it's no longer gray area. Respecting your space shouldn’t be optional. The refusal to back off shows willful disrespect.
• Your work life is changing because of it. You’re avoiding shifts, dodging meetings, or requesting transfers. That’s not normal and it’s not sustainable. You shouldn't have to change your behavior because someone else won’t.
• They try to make it seem like a joke. Harassment dressed as humor is still harassment. Just because someone says “lighten up” doesn’t make it okay. It’s a way to shift blame back onto you.
• They retaliate when you push back. Less eye contact, exclusion from projects, or sudden coldness after you’ve spoken up are all signs of retaliation. It’s a serious legal violation under NYSHRL. These are subtle but damaging forms of punishment.

What to Do If a Coworker Harasses You

It’s hard to know what to do in the moment. But even small actions can make a difference in protecting yourself and your rights. Here’s how to start:

• Document everything. Save emails, messages, or any written communication. Write down dates, times, and descriptions of every incident. Keep your notes in a safe place outside your work computer. These details can be crucial evidence.
• Speak to someone you trust. If there’s a colleague who witnessed the behavior or experienced something similar, talking to them can help. They may back you up later. Shared experiences can strengthen your claim.
• File a formal complaint. Whether through HR or a designated reporting channel, make sure there’s a paper trail. Request a copy of your complaint if possible. Documentation keeps the company accountable.
• Consider reporting externally. In New York, you can file a complaint directly with the Division of Human Rights or the EEOC. You don’t need your employer’s permission. External complaints often lead to more impartial investigations.
• Talk to a workplace attorney. You don’t have to wait until things get worse. An early legal consult can help you understand your options and build a strong case. Legal support can stop the harassment in its tracks.

Statewide Protections and How They Compare

New York’s protections are broader than many other states. Thanks to recent updates, the law now covers all workers regardless of company size, and doesn’t require the harassment to be "severe or pervasive."

But if you’re working in New Jersey, New Hampshire, Maine, and Vermont, things look slightly different. 

For instance, in Maine, a single incident might be enough to bring a claim, even if it isn’t ongoing. In New Hampshire, complaints often begin with the Commission for Human Rights and may need to go through an administrative process before court. 

And Vermont allows claims against individual coworkers directly, which can create more options, or more complications, depending on the facts.

Knowing these differences can help you figure out your next move, especially if you work remotely or across state lines.

How Employers Should Respond (and What Happens When They Don’t)

Your employer is legally required to take your complaint seriously and respond appropriately. That includes conducting an investigation, keeping the process confidential, and protecting you from retaliation. If they don’t, they could be held accountable.

Here’s what should happen:

• You’re listened to without judgment. Your experiences are treated as credible and important. No one should question whether you were "too sensitive."
• The harasser is separated from your workspace or team during the investigation. This helps prevent ongoing harm while the facts are reviewed. It also shows the company is taking you seriously.
• You’re given updates throughout the process. Silence from HR only increases stress. Timely communication keeps you in the loop.
• The outcome is clearly explained. Whether disciplinary action is taken or not, you should understand why. A vague or secretive result often signals that nothing was done.

When companies don’t follow these steps, or worse, protect the harasser, it opens the door for legal action. And it’s your right to demand better.

The Emotional Fallout Is Real

Being harassed at work affects your whole life. You might lose sleep, dread going in, or feel anxious the moment your phone dings. That’s trauma.

Many workers blame themselves or wonder if they’re making a big deal out of nothing. But your feelings are valid. And your well-being matters more than anyone’s discomfort over being called out.

You deserve to feel safe, seen, and supported at work. If your employer can’t or won’t make that happen, it may be time to explore legal action.

Let’s Get You the Support You Deserve

Our employment law attorneys at Horn Wright, LLP, represent workers all over New York who’ve been harassed, ignored, or retaliated against. We understand how isolating this can feel—but we’re in your corner.

Call (855) 465-4622 today to set up your free, confidential consultation. One of the most respected law firms in the country is here to listen to your story, walk through your options, and help you take back your power.