Understanding Consent in the Workplace

Consent Isn’t Just About “No”—It’s About Power, Pressure, and Control

Workplace consent is more than just agreeing or disagreeing. It’s about power dynamics, unspoken pressure, and knowing you can say “no” without losing your job, your reputation, or your safety. And when those things are compromised, it’s not real consent. It’s coercion.

If you’ve been made uncomfortable by your boss, colleague, or someone else in your professional circle, you’re not overreacting. You have rights, and consent violations in the workplace are real. Our employment law attorneys at Horn Wright, LLP, help people like you recognize the signs, make sense of the legal protections available, and take steps toward justice.

In New York—and in neighboring states like New Jersey, Maine, New Hampshire, and Vermont—laws vary slightly in how they define employer obligations and consent-related misconduct. 

For example, Vermont law focuses more on proactive prevention, while New Jersey enforces strict anti-discrimination requirements under the Law Against Discrimination (LAD). No matter where you work, we know how to apply the rules across state lines and can help you build a case that aligns with local law.

Understanding What Consent Really Means at Work

Consent at work isn’t as simple as saying “yes” or “no.” It has to be freely given, mutual, and free from power-based pressure. That means any romantic or physical interaction, no matter how subtle, has to come without fear of retaliation or hope of reward.

If your supervisor flirts with you after giving you a glowing review, or a colleague makes advances while hinting they can “pull some strings” for your promotion, that’s not real consent. In a workplace, the lines get blurred fast. The key is whether you had a meaningful choice and whether the situation made you feel like you didn’t.

Consent can’t be coerced or implied. And once power enters the room, everything changes. If you were placed in a position where your job security or advancement felt tied to someone’s personal interest in you, the law may view it as harassment.

What Employers Are Supposed to Do

Employers can’t wait for a formal complaint to start caring. They’re legally obligated to prevent the kind of environment where coercion, manipulation, or pressure can thrive. 

That means creating a workplace culture that respects boundaries, acknowledges power dynamics, and responds immediately when those lines get crossed.

In New York, employers are required by law to conduct regular anti-harassment training, which includes education on power imbalances and consent. The New York State Human Rights Law makes it clear: if an employer ignores those responsibilities, they can be held liable. 

New Jersey takes a similar stance through the Law Against Discrimination (LAD), which demands swift and meaningful action when misconduct is reported. And in states like Maine, New Hampshire, and Vermont, workplace policies and proactive training aren’t just recommended—they’re expected. 

Each state has different nuances, but the bottom line is the same: employers are supposed to lead, not follow.

They should be training their managers, setting up safe and confidential ways to report problems, investigating complaints with urgency and care, and holding even high-ranking employees accountable when boundaries are crossed. 

If your employer skipped those steps or looked the other way, they may already be in violation of the law and that failure could be central to your case.

When the Power Dynamic Makes Consent Impossible

• Supervisors and subordinates. When your boss makes a move—whether that’s an unwanted compliment, a late-night text, or a request to “grab drinks”—you’re immediately at a disadvantage. Even if it seems casual, the pressure to say yes is baked into the power structure. And that undermines the idea of real, voluntary consent.
• Mentors and mentees. If someone who’s guiding your career crosses a line, the emotional stakes are high. You may feel flattered, confused, or afraid of losing their support. But that imbalance makes the relationship unsafe and potentially unlawful.
• Performance-related coercion. When someone with influence over your performance review, pay raise, or job assignment starts mixing in flirtation or personal remarks, it can be predatory. This kind of manipulation often gets overlooked, but it matters.

You don’t owe anyone access to your time, your attention, or your personal boundaries just because they outrank you.

The Gray Areas Employers Love to Ignore

Some workplace behaviors exist in the “gray zone”—not overtly abusive but still incredibly damaging. This is where many employers pretend not to see a problem.

• “Mutual” relationships with power imbalance. Even if both people “agree” to something, a significant power difference can taint the interaction. A promotion or favorable schedule offered afterward can raise legal red flags.
• Teasing disguised as camaraderie. Casual banter, innuendo, or touching that’s brushed off as “just how they are” isn’t harmless. If it makes you feel unsafe or degraded, it’s a problem.
• Excuses for leadership. When senior staff behave inappropriately and HR gives them a pass because they’re “valuable” to the company, that’s institutional neglect. And it can expose the company to serious liability.

If you’ve felt stuck in one of these murky situations, you’re not being too sensitive. You’re recognizing a boundary being crossed and that matters.

How State Laws Define Consent and Harassment Differently

New York law is robust. It doesn’t require proof of intent, and it protects employees from even “mild” inappropriate conduct if it contributes to a hostile environment. But that’s not the case everywhere.

In New Jersey, employers are bound by the LAD, which allows claims based on gender-based discrimination even without severe or repeated conduct. New Hampshire tends to require more concrete proof of employer knowledge and inaction. 

Maine focuses heavily on whether employers fulfilled their training obligations and maintained a clear, safe reporting structure. Vermont looks at whether the employer had proactive systems in place and took prompt, meaningful action.

No matter where you work, these subtle legal shifts matter. If you’re remote, hybrid, or work for a company based across state lines, the right strategy depends on understanding which laws apply and how to use them to your advantage.

What You Can Do If Consent Was Never Part of the Equation

If you feel like something went wrong—like your “yes” wasn’t really a yes, or your “no” wasn’t heard—there are things you can do:

• Document everything. Save emails, messages, performance reviews, or any evidence of inappropriate conduct or retaliation. Even informal messages can be important.
• Report through the proper channels. Even if you think HR won’t help, make the report. It creates a record and shows that you gave your employer a chance to act.
• Talk to someone. Whether it’s a lawyer, a therapist, or a support group—don’t go through it alone. What you’re feeling is valid, and help is out there.

You don’t have to be perfect. You don’t have to remember every detail. You just need to speak up and our employment law attorneys will help with the rest.

When You’re Ready to Talk, We’re Ready to Listen

If workplace boundaries were crossed and consent was never really an option, you’re not overthinking it. Your experience is valid, and the law may be on your side.

Our employment law attorneys at Horn Wright, LLP, take these cases seriously. We’ve helped people across New York, New Jersey, Maine, New Hampshire, and Vermont get the clarity, support, and results they need. 

Call (855) 465-4622 today for a confidential consultation at one of the country’s leading law firms.