Workplace harassment can leave you unsure whether to speak up, especially when you depend on your job and worry about what could happen if you complain. If the conduct involves discrimination or another unlawful practice, you may have legal protections and options beyond your employer’s internal process.
Here is what you should know before deciding what to do next.
Document the harassment and make a formal complaint
Creating a record of what happened can help you support a legal claim later. Keep track of dates, specific conduct and witnesses, along with relevant emails, texts or other workplace communications. Review your employer’s harassment policy and make a complaint through the appropriate channel when it makes sense. Keep a copy of your complaint and any response you receive.
Pursue legal options outside the workplace
If your employer does not address the problem, you may have options through government agencies or a civil lawsuit.
In New York City, you can file with the NYC Commission on Human Rights. The New York State Division of Human Rights also accepts reports of discrimination, and you may have a federal claim through the U.S. Equal Employment Opportunity Commission (EEOC).
New York law allows you to report qualifying discrimination to the state Division or pursue a lawsuit directly in state court. Federal discrimination claims generally require an EEOC charge before you can sue.
Protect yourself from retaliation
Reporting unlawful discrimination can trigger legal protections against retaliation. If your employer fires you, demotes you, cuts your hours or takes another adverse action after you complain, document those changes because retaliation could create a separate legal claim. New York City law also prohibits retaliation against people who exercise rights under the city’s Human Rights Law.
Check your deadlines before filing a claim
Filing deadlines depends on the law and forum, so do not assume you have unlimited time.
The NYC Commission generally requires a complaint within one year of the last discriminatory act, with three years for gender-based harassment.
If the discrimination occurred on or after Feb. 15, 2024, you generally have three years to file a complaint with the Division.
The EEOC generally gives you 300 days to file a charge for covered New York claims.
Protect your options while you can
If you face workplace harassment, reviewing your complaint, communications and other evidence with an attorney can help you understand which legal options fit your situation and which deadlines apply. Early legal assistance can also help you avoid taking steps that could limit your available remedies.