Harassment at a New York job doesn't have to be severe to be illegal

Before this law, courts often dismissed New York harassment cases unless a worker showed the conduct was “severe or pervasive.” Since October 11, 2019, harassment based on sex, race, age, disability or another protected trait is illegal when it subjects you to inferior terms, conditions or privileges at work. Petty slights and trivial inconveniences still are not enough. An employer cannot avoid liability just because you did not first use its internal complaint process. Since February 8, 2020, the law has covered employers of every size.

You do not need to apply for this protection. For workplace sexual harassment occurring on or after August 12, 2020, you have 3 years to file with the state Division of Human Rights instead of 1. For other state Human Rights Law violations occurring on or after February 15, 2024, a later law gives the same three-year window. An employer cannot make a discrimination, harassment or retaliation settlement secret unless confidentiality is your preference. You may take up to 21 days to consider that term.

The push came after former legislative staffers spoke out in 2018 about harassment in Albany. Sen. Alessandra Biaggi and Assemblymember Aravella Simotas sponsored the bill. It passed the Senate 62–0 and the Assembly 128–20 on June 19, 2019, and Gov. Andrew Cuomo signed it on August 12, 2019.