Free Evaluation
Free Evaluation

How to File a Sexual Harassment Claim in New York

You have multiple options for filing a sexual harassment claim in New York: report internally to your employer, file a complaint with the New York State Division of Human Rights (NYSDHR), file with the NYC Commission on Human Rights (if in NYC), file with the federal Equal Employment Opportunity Commission (EEOC), or file a lawsuit directly in court.

Each option has different procedures, benefits, and strategic considerations. Understanding the process helps you make informed decisions about protecting your rights.

Why the Filing Process Matters

How you file and where you file affects:

Your Legal Rights: Different agencies and courts provide different remedies and protections.

Timeline: Administrative agencies (NYSDHR, EEOC) take months to years. Lawsuits can take even longer.

Cost: Agency complaints are free. Lawsuits typically require attorney representation.

Investigation Resources: Administrative agencies investigate for you. In lawsuits, you and your attorney gather evidence.

Settlement Leverage: Where and how you file affects settlement negotiations and pressure on employers.

Understanding your options helps you choose the best path for your situation.

Option 1: Report Internally to Your Employer

Before or alongside filing external complaints, you can report harassment internally to your employer.

Why Report Internally?

Creates Notice: Reporting gives the employer notice of harassment and triggers their duty to investigate and take corrective action.

Employer May Stop Harassment: Some employers respond effectively, investigating and disciplining harassers without need for external intervention.

Strengthens External Claims: If the employer fails to respond adequately, that failure strengthens your external harassment and retaliation claims.

Required by Some Policies: Some employment contracts or union agreements require internal reporting before external claims.

Not Required by Law: New York law does not require you to exhaust internal remedies before filing with NYSDHR, EEOC, or in court.

How to Report Internally

Follow Employer’s Procedure: Check your employee handbook or HR policies for the designated complaint procedure.

Who to Contact:

  • Human Resources department
  • Your direct supervisor (unless they’re the harasser)
  • A manager above the harassing supervisor
  • Ethics or compliance hotline
  • Any person or department identified in the anti-harassment policy

Put It in Writing: Email or written complaint creates documentation. Even if you report verbally first, follow up in writing.

What to Include:

  • Your name and contact information
  • Date, time, and location of each harassment incident
  • Detailed description of what was said or done
  • Names of the harasser(s)
  • Names of any witnesses
  • How the harassment affected you and your work
  • Clear statement that you’re reporting sexual harassment
  • Request for investigation and corrective action

Example Email:

Subject: Formal Sexual Harassment Complaint

Dear [HR Representative],

I am writing to formally report sexual harassment I have experienced at work.

On [dates], [harasser’s name and title] [describe conduct specifically: made sexual comments about my body, touched me inappropriately, etc.]. [Provide details of each incident].

[Witness names] were present during some of these incidents.

This conduct has made me uncomfortable and has affected my ability to focus on my work. I am requesting that the company investigate this matter and take appropriate action to stop the harassment.

I am available to meet with you to discuss this further and provide additional information.

Sincerely,
[Your Name]

Keep Copies: Save copies of your complaint and all related communications.

What Should Happen Next

Prompt Investigation: Employer should begin investigating within days of your complaint.

Interview Process: Employer should interview you, the alleged harasser, and witnesses.

Confidentiality: Employer should maintain confidentiality to the extent possible, though they must disclose information needed for thorough investigation.

Findings: Employer should communicate investigation results, at least generally (may not disclose specific discipline of harasser due to privacy).

Corrective Action: If harassment is substantiated, employer should take appropriate discipline and steps to prevent recurrence.

No Retaliation: Employer must ensure you’re not punished for reporting.

What If Employer Doesn’t Respond Adequately?

If your employer fails to investigate, doesn’t take corrective action, or retaliates, you have strong grounds for external complaints and legal action.

Document the employer’s inadequate response:

  • When you reported and to whom
  • How long investigation took (if any)
  • What the employer did or didn’t do
  • Whether harassment continued
  • Any retaliation you experienced

This evidence strengthens external claims and may increase damages.

Option 2: File with NY State Division of Human Rights (NYSDHR)

NYSDHR investigates discrimination and harassment complaints under the New York State Human Rights Law (NYSHRL).

Benefits of Filing with NYSDHR

No Attorney Required: You can file and pursue your complaint without a lawyer, though legal representation helps.

No Filing Fee: Complaints are free to file.

Government Investigation: NYSDHR investigates for you, interviewing witnesses and requesting documents from your employer.

Three-Year Deadline: You have three years from the last harassment incident to file.

Broad Coverage: NYSHRL covers employers with 4+ employees.

Mediation Opportunities: NYSDHR offers mediation to resolve cases faster than formal hearings.

Public Hearing Option: If no settlement, you can request a public hearing before an administrative law judge.

Unlimited Damages: No caps on compensatory or punitive damages.

Attorney’s Fees: If you win, employer pays your attorney’s fees.

Preserves Court Options: After NYSDHR issues a determination, you can still file in court.

How to File with NYSDHR

Step 1: Gather Information

Before filing, collect:

  • Your personal information (name, address, phone, email)
  • Employer’s name and address
  • Harasser’s name and title
  • Dates of harassment incidents
  • Description of what happened
  • Names of witnesses
  • Any supporting documentation (emails, texts, photos)

Step 2: File Your Complaint

Online Filing (Recommended): File at https://dhr.ny.gov/complaint

By Mail: Download complaint form and mail to:
New York State Division of Human Rights
One Fordham Plaza, 4th Floor
Bronx, NY 10458

In Person: Visit a NYSDHR office (appointments recommended).

By Phone: Call 1-888-392-3644 for assistance.

Step 3: Complete the Complaint Form

The complaint form asks for:

Your Information: Name, address, contact details

Employer Information: Company name, address, number of employees

Basis of Discrimination: Check “Sex” and/or “Sexual Harassment”

Description of Discrimination: Detailed narrative of harassment:

  • What happened (specific conduct)
  • When (dates of incidents)
  • Where (location)
  • Who (names of harassers and witnesses)
  • How it affected you

Relief Requested: What you want (damages, reinstatement, injunctive relief)

Supporting Documents: Attach evidence if available (optional at initial filing)

Verification: Sign under oath that the information is true

Step 4: NYSDHR Serves Your Complaint

After you file, NYSDHR serves your complaint on the employer, notifying them of the allegations and requiring a response.

Step 5: Employer Responds

The employer has 30 days to file a written answer responding to your allegations. They typically:

  • Admit or deny each allegation
  • Provide their version of events
  • Assert legal defenses
  • Submit supporting documents

Step 6: Investigation

NYSDHR investigates your complaint:

Document Requests: NYSDHR may request documents from you and the employer (emails, policies, personnel files, witness statements).

Interviews: Investigators may interview you, the harasser, witnesses, and employer representatives.

Site Visits: In some cases, investigators visit the workplace.

Additional Evidence: You can submit additional evidence during investigation.

Timeline: Investigations typically take 6-18 months, depending on complexity and agency workload.

Step 7: Probable Cause Determination

After investigating, NYSDHR issues a determination:

Probable Cause Found: NYSDHR believes harassment likely occurred. Case proceeds to conciliation or hearing.

No Probable Cause Found: NYSDHR doesn’t find sufficient evidence of harassment. You can still file in court.

Step 8: Conciliation (If Probable Cause Found)

If NYSDHR finds probable cause, they attempt to resolve the case through conciliation (settlement negotiations):

Negotiation: NYSDHR facilitates settlement discussions between you and the employer.

Settlement Terms: Typical settlements include monetary damages, policy changes, training, and agreements not to retaliate.

Voluntary: Both sides must agree to settlement terms.

Confidentiality Options: Settlements can include confidentiality provisions if you want them (but employer cannot require confidentiality under NY law).

Step 9: Public Hearing (If No Settlement)

If conciliation fails, you can request a public hearing:

Administrative Hearing: Held before an administrative law judge (ALJ), similar to a trial.

Evidence: Both sides present witnesses, documents, and testimony under oath.

Cross-Examination: Both sides can question the other’s witnesses.

Legal Representation: You can represent yourself or hire an attorney (recommended).

Timeline: Hearings are scheduled months after conciliation fails.

ALJ Decision: The ALJ issues written findings of fact and conclusions of law, determining whether harassment occurred and what remedies are appropriate.

Step 10: Appeal

Either side can appeal the ALJ’s decision to the NYSDHR Commissioner, and from there to New York courts.

Timeline for NYSDHR Process

Filing to Service: Days to weeks

Employer Answer: 30 days after service

Investigation: 6-18 months

Probable Cause Determination: 1-2 years from filing

Conciliation: 2-4 months after probable cause

Public Hearing (if needed): 6-12 months after conciliation fails

Total Timeline: 1-3 years from filing to final resolution (settlements can happen faster)

Option 3: File with NYC Commission on Human Rights (NYCCHR)

If you work in New York City, you can file with NYCCHR under the NYC Human Rights Law.

Benefits of Filing with NYCCHR

Most Protective Standard: NYC Human Rights Law has the lowest legal threshold—any differential treatment based on sex can be actionable.

All Employers Covered: NYC law covers all employers, even single-employee businesses.

Three-Year Deadline: Same extended deadline as state law.

Similar Process: Investigation, mediation, and hearing options like NYSDHR.

Additional Remedies: NYC law provides some remedies beyond state law.

How to File with NYCCHR

Online Filing: Visit https://www.nyc.gov/site/cchr/about/report-discrimination.page

By Phone: Call 311 (in NYC) or 212-NEW-YORK (outside NYC)

In Person: Visit NYCCHR office at 22 Reade Street, 1st Floor, New York, NY 10007

Process: Similar to NYSDHR—file complaint, employer responds, investigation, mediation, hearing if needed.

NYSDHR vs. NYCCHR: Which to Choose?

If you work in NYC, you can choose either or both:

File with Both: Some attorneys file with both agencies to preserve all options.

Choose Based on Standards: NYC law has lower legal threshold (easier to prove harassment).

Choose Based on Coverage: If your employer has only 1-3 employees, you must use NYC law (NYSHRL requires 4+ employees).

Option 4: File with Federal EEOC

You can file with the federal Equal Employment Opportunity Commission (EEOC) under Title VII.

When to File with EEOC

Federal Remedies Desired: You want access to federal court and Title VII remedies.

Employer Has 15+ Employees: Title VII covers employers with 15+ employees (broader than NYSHRL’s 4+).

Multi-State Employer: Federal law may be easier for employers operating in multiple states.

Dual Filing: EEOC and NYSDHR have work-sharing agreements. Filing with one often creates dual filing with both.

EEOC Drawbacks Compared to New York Law

300-Day Deadline: Much shorter than New York’s three-year deadline.

Stricter Harassment Standard: Federal law requires “severe or pervasive” conduct, while New York requires only “inferior treatment.”

Damage Caps: Title VII caps damages based on employer size (New York has no caps).

No Individual Liability: You can’t sue individual harassers under federal law (you can under NYSHRL).

For These Reasons: Many attorneys prioritize New York law claims over federal claims.

How to File with EEOC

Online: Visit https://www.eeoc.gov/filing-charge-discrimination and use the online portal.

By Phone: Call 1-800-669-4000 to schedule an intake interview.

In Person: Visit local EEOC office (call first for appointment).

Timeline: Must file within 300 days of last harassment incident.

Process: Similar to NYSDHR—intake, investigation, determination, possible mediation, right-to-sue letter.

Option 5: File Lawsuit Directly in Court

You can file a lawsuit directly in New York state court or federal court (with some requirements).

New York State Court

Direct Filing Allowed: You can sue in New York State Supreme Court (trial court) under NYSHRL without first filing with NYSDHR.

Three-Year Deadline: Same as administrative filing.

Attorney Required: Lawsuits require attorney representation (complex procedures and rules).

Discovery Process: You conduct discovery (depositions, document requests, interrogatories) to gather evidence.

Jury Trial Available: You can request a jury trial.

Longer Timeline: Lawsuits typically take 2-4 years from filing to trial or settlement.

Higher Stakes: Court judgments can be larger than administrative awards, but also involve more risk and cost.

Federal Court

EEOC Filing Required First: To sue in federal court under Title VII, you must first file with EEOC and receive a “right-to-sue letter.”

Right-to-Sue Letter: After EEOC investigation (or after 180 days if investigation isn’t complete), you can request right-to-sue letter.

90-Day Deadline: You must file federal lawsuit within 90 days of receiving right-to-sue letter.

Federal Procedure: Federal litigation follows federal rules of civil procedure.

Federal Judges: Your case is heard by federal district judge.

When to File Directly in Court

Immediate Injunctive Relief Needed: If you need a court to order immediate action (like stopping ongoing harassment), court may be faster than administrative agencies.

Administrative Process Inadequate: If NYSDHR or EEOC process is too slow or ineffective for your situation.

Large Damages Sought: Courts can award substantial damages, especially with jury trials.

Complex Legal Issues: Court litigation allows more sophisticated legal arguments and appeals.

Attorney Recommendation: Most lawyers recommend administrative process first for investigation resources and settlement leverage, then court if needed.

Documentation Strategies for All Options

Regardless of where you file, strong documentation is critical:

What to Document

Harassment Incidents:

  • Date, time, and location
  • Exactly what was said or done
  • Who was involved (harassers and witnesses)
  • How you responded
  • How it made you feel
  • How it affected your work

Reporting Efforts:

  • When you reported internally
  • To whom you reported
  • How they responded
  • Whether employer investigated
  • What action employer took (if any)

Employment Impact:

  • Performance reviews (especially changes after rejecting advances or reporting)
  • Promotions denied or received
  • Pay changes
  • Job assignment changes
  • Discipline received
  • Termination or resignation

Evidence:

  • Emails, texts, and written communications
  • Photos of offensive materials or conduct
  • Voicemails
  • Witness statements
  • Medical records (therapy, treatment for stress)
  • Employer policies and handbooks

How to Document

Contemporaneous Notes: Write down incidents as they happen or soon after. Notes created at the time are more credible than reconstructed memories years later.

Detailed Descriptions: Be specific. “He touched my shoulder” is less powerful than “He put his hand on my shoulder, rubbed it while standing behind me, and said ‘you look tense.’”

Preserve Everything: Don’t delete emails, texts, or documents. Save backups in personal (non-work) accounts or devices.

Witness Information: Get names and contact information for witnesses. Witnesses become harder to locate over time.

Medical Treatment: Seek therapy or counseling if harassment causes emotional distress. Medical records document psychological harm and support damages claims.

Retaliation Protection Throughout the Process

New York law strongly prohibits retaliation for reporting harassment or filing complaints:

Protected Activities

You’re protected from retaliation for:

  • Reporting harassment internally
  • Filing NYSDHR, NYCCHR, or EEOC complaints
  • Filing lawsuits
  • Participating in investigations or hearings
  • Testifying about harassment
  • Opposing discriminatory practices
  • Supporting other employees’ complaints

Illegal Retaliation

Employers cannot retaliate by:

  • Firing or demoting you
  • Reducing your pay or hours
  • Giving negative performance reviews
  • Denying promotions or opportunities
  • Hostile treatment or exclusion
  • Making your working conditions worse
  • Transferring you to undesirable positions

What to Do If You’re Retaliated Against

Document Retaliation: Record dates, actions, and how they’re connected to your protected activity.

Report Retaliation: File additional complaint or amend existing complaint to include retaliation claim.

Retaliation Is a Separate Claim: Even if your underlying harassment claim doesn’t succeed, you can still win on retaliation if you can prove you were punished for reporting.

Easier to Prove: Retaliation claims are often easier to prove than underlying harassment—you just need to show temporal proximity between protected activity and adverse action.

Real-World Filing Examples

Example 1: Internal Resolution
Sarah reports her supervisor’s sexual comments to HR. The company promptly investigates, substantiates her complaint, and terminates the supervisor. Sarah doesn’t need to file externally because the employer responded effectively. She keeps documentation in case future issues arise.

Example 2: Failed Internal Process, NYSDHR Filing
Michael reports coworker harassment to HR. The company conducts a brief investigation but takes no action, saying they couldn’t substantiate the claim. Harassment continues. Michael files with NYSDHR. The Division investigates independently, finds probable cause, and the case settles for $40,000 plus mandatory anti-harassment training for the workplace.

Example 3: Immediate NYSDHR Filing (No Internal Report)
Elena experiences severe sexual harassment from a manager. She doesn’t trust her employer will respond fairly (the harasser is the owner’s friend). She files directly with NYSDHR without internal reporting. Her case proceeds through investigation and hearing, resulting in a $150,000 award.

Example 4: Dual EEOC/NYSDHR Filing
James files with EEOC to preserve federal rights. Due to work-sharing agreement, his complaint is dual-filed with NYSDHR. Both agencies process his claim. He ultimately pursues the NYSDHR case because New York law is more favorable. The dual filing preserved his options without extra work.

Example 5: NYSDHR Then Court
After NYSDHR finds probable cause but conciliation fails, Lisa requests a public hearing. Before the hearing, she consults an attorney who recommends withdrawing the NYSDHR complaint and filing directly in state court for a jury trial and potentially higher damages. She follows this advice and files in New York State Supreme Court.

Example 6: Retaliation After Filing
After filing with NYSDHR, Carlos is suddenly placed on a performance improvement plan despite years of positive reviews. He amends his NYSDHR complaint to include retaliation. The employer, facing both harassment and retaliation liability, settles for significant damages.

Choosing the Right Filing Strategy

Consider these factors when deciding where and how to file:

Your Goals

Stop Harassment Immediately: Internal reporting or court injunction may be fastest.

Financial Compensation: All options provide damages, but court verdicts and settlements after probable cause findings tend to be largest.

Policy Change: Administrative agencies often secure policy changes, training, and workplace improvements as part of settlements.

Privacy: Administrative processes offer more confidentiality than public court trials (though hearings can still be public).

Accountability: Individual liability under NYSHRL creates personal consequences for harassers.

Your Resources

Can You Afford an Attorney?: Administrative agencies don’t require attorneys, though they help. Lawsuits require attorney representation.

Do You Have Time?: Administrative processes take 1-3 years. Lawsuits can take longer.

How Strong Is Your Evidence?: Strong documentation and witnesses support all options. Weak evidence may benefit from agency investigation resources.

Employer Factors

Employer Size: Very small employers (1-3 employees in NYC, 1-3 employees outside NYC) limit your options—NYSHRL requires 4+ employees.

Employer’s Response: If employer responds well to internal complaints, external filing may be unnecessary. If employer retaliates or ignores complaints, external filing is essential.

Employer’s Resources: Large employers with insurance and legal departments may settle administrative claims to avoid litigation. Small employers may lack resources for settlement but also lack resources to defend lawsuits.

Consult an Attorney

Free Consultations: Most employment lawyers offer free initial consultations to evaluate your case and recommend filing strategy.

Strategic Advice: Attorneys can advise which forum is best for your specific situation.

Contingency Fees: Many employment lawyers work on contingency (you pay only if you win), plus the employer pays your attorney’s fees if you prevail under NYSHRL.

Common Questions About Filing

Do I need to report internally before filing with NYSDHR?

No. You can file with NYSDHR without ever reporting to your employer. Internal exhaustion is not required.

Can I file with multiple agencies?

Yes. You can file with NYSDHR, NYCCHR, and EEOC. Dual filing preserves options. However, you typically can’t pursue multiple cases simultaneously—you’ll eventually choose one forum.

What if I’m not sure my experience qualifies as harassment?

File anyway. Let investigators or attorneys evaluate whether your experience meets legal standards. You can always withdraw if you decide not to proceed.

How much does it cost to file?

Administrative complaints (NYSDHR, NYCCHR, EEOC) are free. Court lawsuits involve filing fees and attorney costs, though many employment lawyers work on contingency.

What if I signed an arbitration agreement?

New York law prohibits mandatory arbitration for sexual harassment claims. You can file with agencies or court regardless of arbitration clauses.

Can I file anonymously?

No. You must identify yourself to file a complaint. The employer will learn your identity. However, some aspects of the process can be confidential.

What if the harassment happened years ago?

If it’s within three years (for NYSHRL) or 300 days (for EEOC), you can still file. Beyond those deadlines, claims are time-barred.

What if I still work for the employer?

You can file while still employed. Retaliation for filing is illegal, though it unfortunately occurs. Document any retaliation for additional claims.

What if I’ve already quit?

You can still file within the statute of limitations, even if you no longer work there. If harassment forced your resignation, that’s constructive discharge—an additional claim.

How long does the process take?

Administrative processes: 1-3 years. Court litigation: 2-4 years. Settlements can occur faster.

Get Legal Help

Filing a sexual harassment claim involves complex procedures, strategic decisions, and important deadlines. Consulting an employment attorney helps you:

  • Choose the best filing forum for your situation
  • Meet all procedural requirements and deadlines
  • Gather and present evidence effectively
  • Negotiate settlements
  • Maximize your financial recovery
  • Protect yourself from retaliation

Most employment lawyers offer free consultations and work on contingency, making legal representation accessible.

If you’re experiencing sexual harassment, don’t wait. Document everything, report it, and consult an attorney to protect your rights.

Disclaimer: This guide provides general legal information about filing sexual harassment claims in New York. It is not legal advice for your specific situation. Filing procedures are complex and mistakes can jeopardize your case. Consult a licensed New York employment attorney for advice about your situation. Laws and procedures may change over time.

References