How to Report Workplace Harassment in NY & NJ

At Katz Melinger PLLC, we frequently hear from people experiencing or witnessing workplace harassment. Whether it’s verbal abuse, unwanted physical contact, or discriminatory behavior, workplace harassment can occur in many forms and leave you feeling vulnerable, confused, or afraid. We understand the courage it takes to speak up, and the concerns you may have about your job security or professional relationships. 

To address common questions, our expert New York legal team has compiled information about what constitutes harassment and what steps you can take to report it. 

However, please note that every workplace situation is unique, and harassment issues often involve complex circumstances.  If you’re in the New York or New Jersey area and facing workplace harassment, we encourage you to reach out to us at Katz Melinger PLLC for a free consultation to discuss your specific situation.

In this guide, you will learn about: 

1. Recognizing and Reporting Workplace Harassment 
2. Forms of Harassment
3. When Harassment is Discriminatory 
4. Documenting Incidents of Harassment 
5. Reporting Harassment to Your Employer
6. Filing a Complaint with External Agencies 
7. Legal Options for Workplace Harassment 
8. Taking Steps to Prevent Harassment in the Workplace

How to Recognize and Report Workplace Harassment: Guidance from New York Legal Experts 

In legal terms, harassment in the workplace is typically classified as either “quid pro quo” or “hostile work environment.” 

“Quid pro quo” harassment occurs when a superior demands sexual favors or other forms of inappropriate behavior in exchange for employment benefits. This could include promises of promotions, raises, or even maintaining a job. This form of harassment always involves an imbalance of power, where the harasser is in a position of authority over the victim.

“Hostile work environment” harassment refers to conduct that creates an intimidating or offensive workplace. This can involve repeated jokes, slurs, or insults related to race, gender, religion, sexual orientation, or any other protected characteristic. For harassment to be classified as creating a hostile work environment under federal law, the behavior must be severe or pervasive enough to impact the employee’s ability to work.

Forms of Harassment

Verbal Harassment

Verbal harassment can be subtle or overt, but its effects are equally damaging. Some examples include repeated jokes or derogatory comments about someone’s appearance, gender, race, or abilities. It may also take the form of threats, demeaning language, or inappropriate comments that make the victim feel uncomfortable or unsafe. Verbal harassment can erode the victim’s confidence and well-being over time.

Non-Verbal Harassment

Harassment isn’t always spoken; it can also be conveyed through non-verbal cues or physical actions. Examples of non-verbal harassment include inappropriate gestures, staring, or displaying offensive images or materials in the workplace. These behaviors may be used to intimidate, demean, or make someone feel unwelcome.

Physical Harassment

Physical harassment involves unwanted physical contact, such as touching, grabbing, or blocking someone’s path. Even if the physical contact is brief, if it is unwelcome, it can constitute harassment. Repeated incidents, no matter how minor, can create an environment of fear or discomfort for the victim.

Digital Harassment

With the rise of technology, digital harassment has become more common in the workplace. This form of harassment includes sending inappropriate emails, texts, or messages through communication platforms. Sharing offensive content, spreading rumors online, or harassing someone via social media are all forms of digital harassment.

When Harassment is Discriminatory

Discriminatory harassment occurs when an individual is targeted due to a protected characteristic, such as race, gender, religion, age, disability, or sexual orientation. This type of harassment is prohibited under both federal and state laws. Employers are required to take steps to prevent and address such harassment, as failing to do so could result in significant legal consequences. Victims of discriminatory harassment may also be entitled to compensation for emotional distress, lost wages and benefits, and reasonable attorneys’ fees, among or other damages.

Documenting Incidents of Harassment

One of the most important steps you can take when you experience or witness harassment is to document it. Keep a detailed record of incidents, including dates, times, locations, and any witnesses; this record will help immensely if you choose to report the harassment. Be specific about the behavior, how it made you feel, and whether it affected your ability to work.

In addition, try to gather any evidence, such as emails, text messages, or other documentation that can support your claim. Even if you’re unsure whether an incident qualifies as harassment, having a well-documented account can be valuable if the situation escalates or if legal action is taken. A thorough record strengthens your case and helps others recognize patterns of harassment that may have gone unnoticed.

Reporting Harassment to Your Employer

Once you’ve recognized and documented the harassment, the next step is reporting it. Most companies have established procedures for handling harassment complaints; this typically involves reporting the incident to your supervisor, manager, or HR department. Follow your company’s protocols to make sure your concerns are heard and addressed.

When reporting the harassment, submit your complaint in writing. Be clear and concise in explaining what happened and provide any documentation or evidence you’ve gathered. Most importantly, keep a copy of your report for your records to make sure there is a formal record of your report. This may be needed to protect your rights if the harassment continues or if further action is needed.

Understanding Your Employer’s Responsibilities

Employers are legally obligated to take complaints of harassment seriously and investigate them thoroughly. Once a complaint has been made, employers should conduct an internal investigation to determine the facts of the case. Depending on the severity of the harassment, corrective measures should be taken, such as disciplining the harasser, providing training, or even terminating the individual responsible.

Employers are legally prohibited from retaliating against employees who report harassment. If an employee faces any negative consequences, such as demotion, dismissal, or reduced hours after filing a complaint, they may have grounds for a retaliation claim under employment law.

Filing a Complaint with External Agencies

If your employer does not take your complaint seriously, fails to act, or retaliates against you for complaining,  you can file a complaint with external agencies such as the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency (FEPAs). The EEOC enforces federal laws prohibiting harassment in the workplace, and filing a complaint with them is often the next step if internal remedies fail.

There are several state-level Fair Employment Practices Agencies (FEPAs) that cover New York and New Jersey. In New York, you can contact the New York State Division of Human Rights or the New York City Commission on Human Rights. In New Jersey, the Division on Civil Rights (DCR) is the state-level agency for fair employment practices.

To file a claim with an agency, you’ll need to provide details of the harassment and any actions your employer has taken or failed to take. The agency will then investigate the claim, and if they find evidence of harassment, they may pursue legal action on your behalf or give you the right to sue your employer in court. However, it’s important to note that in some instances, going through this process with relevant agencies may preclude you from later going to court.

Legal Options for Victims of Workplace Harassment

In some cases, victims of harassment in the workplace may choose to file a lawsuit against their employer. This could happen if the employer ignored the complaint, failed to take action, or retaliated against the employee. If the harassment was especially egregious, legal claims may seek compensation for emotional distress, as well as lost wages and benefits, reasonable attorneys’ fees,  and possibly punitive damages.

Taking Steps to Prevent Harassment in the Workplace

Preventing harassment in the workplace is crucial and primarily the responsibility of employers. Employers should implement and enforce clear anti-harassment policies and provide training to employees on acceptable behavior. This training should include examples of harassment and guidance on how to report incidents. 

If you’re facing harassment, prioritize your safety and well-being. Consider seeking support and exploring your legal options. By taking action, you not only stand up for your rights but also contribute to making workplaces safer for everyone. Such action encourages other companies to foster a workplace culture that promotes respect, inclusivity, and open communication.

If you are experiencing harassment in your workplace, contact Katz Melinger, PLLC, to discuss your situation and explore your legal options. Our experienced attorneys are here to help you take action, and protect your rights. Together, we can work towards creating safer and more respectful work environments for all.