Employers are not legally allowed to pay you less because of your sex pursuant to federal, state, and local laws. Unfortunately, some employers still do. New York law has some important protections to help you figure out whether you’re being paid less and take action if you are.
If you work for, or are applying to work for, an employer in New York State, then you are covered by anti-harassment law. You are also covered by the law if you are an independent contractor* or domestic worker.
*New York State law defines “non-employees” as contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace.
Harassment in New York State is illegal if if your employer subjects you to “inferior terms or conditions of employment” because you are a member of a protected class. You do not need to show that the harassment was “severe or pervasive” in order for it to constitute unlawful harassment nor do you need to compare yourself to how others are treated.
This means that it is unlawful for your employer or co-worker to subject you to harassment or discrimination because of your age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status and domestic violence victim status.
Sexual harassment can include a boss or co-worker who:
Note: Even if your boss or co-worker makes just one joke or one comment, this could constitute sexual harassment. The behavior does not need to be considered ‘severe’ or ‘pervasive’ in order for you to succeed on a sexual harassment claim. But the behavior must be more than ‘petty slights’ and ‘trivial inconveniences’ for your employer to be held liable.
Yes, non-employees such as contractors, subcontractors, vendors, consultants or other persons providing services under a contract in the workplace are protected under the law. Anyone who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace is protected as well.
It is against the law for your employer to take negative action against you for complaining about sexual harassment or filing a sexual harassment complaint. This means they cannot fire or demote you, cut your hours or pay, force you to take a leave, or re-assign you to a different shift or location.
It is illegal for your employer to retaliate against you for:
Your employer must have a sexual harassment prevention policy in place.
Your employer must conduct annual anti-sexual harassment training for employees.
The training must:
No, it is against the law for your employer to force you to sign a non-disclosure agreement as part of a settlement relating to sexual harassment. If it is your preference to include a confidentiality clause in a settlement, you may do so but you must be given 21 days to consider the terms of the confidentiality clause.
Employers are also prohibited from including broad non-disclosure provisions in settlement or separation agreements resolving any type of discrimination claim, not just sexual harassment, unless it is the worker’s preference. Your employer also cannot prevent you from initiating, testifying, or complying with a subpoena related to the complaint, cooperating with an agency investigation into the claim or disclosing facts about the complaint that are necessary to get benefits such as unemployment insurance, Medicaid, or other public benefits.
New York State law also prohibits employees from requiring employees to sign mandatory arbitration to resolve claims of harassment.
Note: A court in New York has found that this law is inconsistent with federal law. As a result, this law may not be enforceable right now.
Yes, if your workplace has 15 or more employees and is in the private sector, your employer must conduct annual sexual harassment training.
The training must:
Every employer in New York City is required to display an anti-sexual harassment rights and responsibilities poster in a conspicuous area such as break rooms and common areas in your workplace.
To download the full New York Working Woman’s Pocket Guide as a PDF, click here.