Workplace Harassment Lawyers in NYC : Lawsuit Strategies and Procedures

New York law prohibits harassment based on race, color, national origin, sexual orientation, military status, sex, disability, age, familial status, marital status, domestic violence victim status, and criminal history. Harassment can take many forms, including verbal abuse, unwelcome physical contact, offensive jokes or comments, exclusion from work activities, and retaliation for reporting misconduct. The conduct must be severe or pervasive enough to alter the terms and conditions of employment or create an abusive working environment. A single isolated incident may not constitute actionable harassment, but a pattern of behavior over time typically does.

Employers can be held liable for harassment committed by supervisors, coworkers, and even non-employees such as clients or vendors in certain circumstances. If an employer knew or should have known about the harassment and failed to take prompt and effective corrective action, the employer may be found negligent. Additionally, employers have an affirmative duty to investigate complaints of harassment and implement preventive measures. Like other civil matters such as a car accident civil lawsuit, establishing employer liability requires demonstrating that the organization breached its duty of care to protect employees from foreseeable harm.

New York State Supreme Court has jurisdiction over workplace harassment claims arising under New York State Human Rights Law. Cases are filed in the county where the employee worked or where the employer is located. In New York City, this typically means filing in New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, or Richmond County (Staten Island), depending on the location of the workplace. The Supreme Court follows the Civil Practice Law and Rules, which establish strict filing deadlines, discovery procedures, and motion practice requirements. Failure to comply with these procedural rules can result in dismissal of your case.

If your harassment claim involves federal law violations under Title VII, you must first file an administrative charge with the Equal Employment Opportunity Commission within 300 days of the discriminatory conduct. The EEOC investigates the charge and issues a right-to-sue letter if it finds reasonable cause, or if a specified time period passes. After receiving the right-to-sue letter, you have 90 days to file a lawsuit in federal court. The United States District Court for the Southern District of New York handles these cases and applies the Federal Rules of Civil Procedure. Federal courts in New York are located in Manhattan, Brooklyn, and White Plains, with judges experienced in employment discrimination matters.

Preserve all evidence related to the harassment, including emails, text messages, performance reviews, and written complaints you submitted to your employer. Document the dates, times, locations, and details of each harassing incident, including the names of witnesses and what was said or done. Medical records, psychological evaluations, and expert testimony regarding the impact of harassment on your mental and physical health can support claims for emotional distress damages. Photographs, video recordings, and other physical evidence should also be secured. Personnel files, company policies, and training records may demonstrate that the employer knew or should have known about harassment prevention obligations. Similar to building evidence in an alimony lawsuit, thorough documentation is critical to establishing your claims.

Coworkers who witnessed the harassment can provide corroborating testimony about the frequency, nature, and severity of the conduct. Supervisors or human resources personnel may testify about the employer's response to complaints or lack thereof. Expert witnesses, such as employment law specialists or occupational psychologists, can opine on industry standards for harassment prevention and the severity of the harassment experienced. Testimony from medical professionals regarding the physical and psychological effects of workplace harassment can establish damages for emotional distress, anxiety, depression, and other harm.

Courts may order injunctive relief requiring the employer to implement harassment prevention policies, conduct training, and establish reporting mechanisms. Reinstatement to your former position or a comparable position may be awarded if you were terminated as a result of the harassment. Front pay, which compensates for future lost wages if reinstatement is not feasible, may also be ordered. Expungement of negative performance reviews or disciplinary records related to the harassment may be required as part of the remedy.

Workplace harassment lawyers in NYC understand the complexities of employment law and are prepared to advocate aggressively on your behalf to secure the maximum recovery possible.