Sexual Harassment & Employer Obligations

When Employers Don’t Step Up, Workers Get Hurt

In New York—and in states like New Jersey, Maine, New Hampshire, and Vermont—there are legal protections that still apply, even if you've already resigned. Each state has its own requirements for employer obligations, documentation, and complaint procedures. 

Our employment law attorneys at Horn Wright, LLP, have handled claims across all five and know exactly how to adjust the strategy based on where you live or work.

When employers don’t create a safe environment or ignore complaints, they’re violating the law. That’s not something you should have to tolerate, no matter how high up the ladder the harassment comes from. If your boss, your coworker, or even a client is allowed to harass you without consequence, your employer could be legally responsible.

We help workers across New York and beyond hold companies accountable when they look the other way. Whether you're still on the job or have already left, we’ll guide you through what your employer should’ve done and how to make that failure count.

Contact our office today to schedule your free consultation.

Their Legal Duty Is More Than Just Lip Service

Most employers know they’re supposed to prevent harassment, but many stop at a line in the handbook. Under both New York and federal law, employers have a legal obligation to take meaningful action when it comes to protecting you at work.

• They have to prevent it. It’s not enough to just respond when a complaint comes in. Employers should be training staff, updating policies, and creating a culture that discourages harassment from the start. If they’re not doing that, they may be opening the door to legal trouble.
• They must act quickly and thoroughly. When someone reports harassment, employers must investigate fast. Sitting on a complaint or doing the bare minimum can be seen as neglecting their duty. If the investigation is sloppy, biased, or nonexistent, that strengthens your claim.
• They can’t retaliate. The law is clear. Punishing someone for reporting harassment is illegal. If you were demoted, isolated, or fired after coming forward, your employer might be liable for more than just the harassment itself. Retaliation often makes the case even stronger.
• They’re responsible for who they hire and supervise. If someone with a known history of harassment was hired or promoted, that’s on the employer. Ignoring red flags or failing to supervise can add up to negligence. You shouldn’t have to pay the price for their bad decisions.

These duties are enforceable in court. If your employer failed you at any of these steps, we’ll help you prove it.

Why So Many Employers Fall Short

You’d think after everything we’ve seen in the news, employers would get it right. But a surprising number still ignore complaints, protect high earners, or pretend it’s not their problem.

Some employers underestimate how serious the issue is. They might treat complaints like gossip or workplace drama. Others fear bad press or legal exposure, so they sweep things under the rug. In some cases, managers don’t even know what their legal responsibilities are and that ignorance ends up hurting you.

And when HR is more concerned with protecting the company than protecting you, things go sideways fast. They might minimize the complaint, delay the investigation, or even blame the victim. That’s not just bad policy. It’s illegal under both state and federal law.

Employers also get tripped up when the harassment involves customers, vendors, or people outside the company. But here’s the truth: if it happens on their watch, on their property, or during work hours, they’re still responsible for keeping you safe.

What Counts as a Breach of Employer Obligation

There are all kinds of ways employers get this wrong and each one could be the key to holding them accountable.

• Ignoring repeated complaints. If you brought up harassment more than once and nothing changed, that’s a problem. It shows they had the chance to act and chose not to. That failure builds your case.
• Failing to train or inform. Employers are supposed to educate their staff about what counts as harassment and how to report it. If they skipped training or left you in the dark, that can count against them in court. It shows they weren’t serious about prevention.
• Protecting the harasser. If the person harassing you was a high performer or part of leadership, some employers will go out of their way to shield them. They might move you instead or offer a quiet settlement. But covering for misconduct is a clear violation of duty.
• Creating a hostile reporting process. If reporting harassment meant jumping through hoops, facing retaliation, or being told to keep quiet, that’s not a real system. It’s a cover-up. And it shows the employer never had your safety in mind.

Even subtle missteps can become big liabilities. Our employment law attorneys help you piece together exactly where your employer went wrong.

New York Sets a High Standard for Employer Responsibility

In New York, both state and city laws go further than federal guidelines when it comes to employer accountability. That means more protections for workers and more pressure on employers to get it right.

The New York State Human Rights Law (NYSHRL) impose a broader definition of harassment and make it easier for workers to bring a claim. Employers are expected to act even if the behavior doesn’t rise to the level of severe or pervasive under federal law.

They’re also required to provide annual harassment training, written policies, and clear reporting structures. If your workplace skipped those steps, or didn’t follow them, the company may already be in violation of the law.

Employers can also be held liable for harassment by non-employees, like clients, customers, or contractors. That means they don’t get to look the other way just because the harasser isn’t on payroll.

How Other States Approach Employer Liability

Different state? Different rules. But negligence still matters and we know how to work with each system.

• New Jersey. Employers in New Jersey are judged by how quickly and thoroughly they respond to complaints. Failure to conduct a fair investigation or to take remedial action can lead to serious legal consequences. The New Jersey Law Against Discrimination (NJLAD) gives workers broad protection against workplace harassment.
• Maine. In Maine, training and preventative policies carry a lot of weight. If your employer didn’t educate supervisors or failed to build clear reporting procedures, that failure could help your claim. The Maine Human Rights Act (MHRA) outlines these responsibilities in detail.
• New Hampshire. Here, courts focus on whether the employer knew, or should’ve known, about the harassment and failed to act. They also evaluate whether the internal policies meet basic legal standards. Weak systems mean stronger claims.
• Vermont. Vermont law emphasizes a proactive approach. If your employer waited until things blew up before taking action, that delay could strengthen your case. The Vermont Fair Employment Practices Act (FEPA) expects employers to take reasonable care at every stage.

Each state has its quirks. But the goal’s the same: make sure employers are held accountable when they ignore your safety.

What You Can Do If Your Employer Let You Down

Whether you're still in the job or already out the door, there are steps you can take right now to protect your rights.

• Gather your evidence. Save texts, emails, performance reviews, complaint forms - anything that shows what happened or how your employer responded. If you’ve got a timeline, even better. Details matter more than you think.
• Write down what you experienced. Don’t rely on memory. Make a list of incidents, who was involved, what you said, and how they reacted. Your notes could become critical later.
• Talk to an employment lawyer. Before making any big decisions, speak with someone who knows the law in your state. We’ll tell you what your options are and how strong your case might be. It’s confidential, and there’s no pressure to act unless you’re ready.
• Watch the clock. Deadlines to file claims vary depending on the agency and the type of claim. Some are as short as 180 days. Missing a deadline could mean losing your chance entirely.

If your employer didn’t step up, it’s time for someone else to take the lead.

When Employers Fail, We Step In

You deserve a workplace where your safety matters more than someone else’s status or profits. When that’s not what you get, it may be illegal.

Our employment law practice, Horn Wright, LLP, is recognized as one of the best in the country. We represent clients across New York, New Jersey, Maine, New Hampshire, and Vermont in holding negligent employers accountable. 

Call (855) 465-4622 to arrange your complimentary case review. We’ll listen. We’ll believe you. And we’ll fight like hell to make things right.