How to Report Workplace Sexual Harassment in New York: Internal Complaints, the EEOC, and State and City Agencies

Knowing that workplace behavior is wrong and knowing what to do about it are two very different things.

An employee may be ready to report sexual harassment but have no idea who should receive the complaint. Someone whose supervisor is the harasser may understandably hesitate to follow a policy that appears to direct complaints through that same supervisor.

Others worry that a verbal conversation with human resources will disappear the moment a dispute develops.

New York workers have several potential reporting routes. There may be an internal complaint procedure through the employer. There are also government agencies that enforce federal, state, and, in New York City, local anti-discrimination laws.

Knowing how those systems fit together can help workers preserve their rights. If you want to know more, contact Morgan & Morgan for a fast, free, and confidential case evaluation to learn more about your legal options.

Start With Your Employer’s Sexual Harassment Policy

Every New York employer is required to adopt a sexual harassment prevention policy. The policy must include a complaint form and a procedure for investigating complaints. Employers must also provide employees with the policy in writing.

Look in your employee handbook, onboarding materials, HR portal, workplace intranet, or other company resources.

The policy should identify where harassment complaints can be made. That may include human resources, another manager, an EEO officer, a designated company representative, or another reporting channel.

If your supervisor is the alleged harasser, do not assume you have to complain directly to that person.

A Verbal Complaint Can Count

New York’s model policy expressly allows sexual harassment reports to be made verbally or in writing.

Employees do not have to use the state’s model complaint form for a report to be recognized. An email or verbal complaint can also be acceptable.

That can be important for someone who already told a manager what happened and is worried that the complaint somehow “doesn’t count” because no formal document was completed.

A verbal complaint can still matter.

From an evidence standpoint, however, putting the complaint in writing can offer significant advantages.

Why a Written Complaint Can Be So Important

A written complaint creates a record. It can show the date the employer received notice, who received the report, what conduct was described, and whether the employee identified witnesses or supporting evidence.

That can become particularly important if the harassment continues. Suppose an employee verbally tells a manager that a supervisor keeps making sexual comments. Months later, the company may dispute exactly what was said or whether the manager understood the seriousness of the problem.

A contemporaneous email leaves less room for that argument. Written complaints can also help establish a retaliation timeline. If an employee sends HR a harassment complaint on June 3 and loses half their scheduled hours on June 10, both events can be documented.

The law does not require workers to produce perfect paperwork. The practical advantage is having evidence that does not depend entirely on competing memories.

What Should a Written Sexual Harassment Complaint Say?

You do not need to write like an attorney or cite legal statutes. Describe what happened clearly.

Identify the person involved and provide specific examples. Include approximate dates, locations, messages, witnesses, or other details you remember.

If someone touched you, describe the touching. If a supervisor repeatedly made comments about your body, explain what was said. If a manager kept asking you on dates after you declined, say so.

You can also identify evidence that exists, such as texts, emails, Slack messages, photographs, or coworkers who witnessed the conduct.

If the behavior is continuing, say that. Keep the complaint factual and preserve a copy when you can lawfully do so.

What if You Already Complained Verbally?

Do not assume you have to start over. Write down when you made the verbal report, who received it, what you told them, and how the person responded.

Depending on the situation, you may also choose to follow up in writing. For example, an employee might send HR a factual email confirming that they previously reported repeated sexual comments and providing any additional incidents that have occurred.

The goal is not to manufacture evidence after the fact. It is to create an accurate record of what has already happened.

What Should an Employer Do With a Complaint?

New York requires employer sexual harassment prevention policies to include procedures for timely and confidential investigation of complaints that provide due process to the parties.

The employer may interview the person reporting the conduct, the accused employee, and witnesses. It may review emails, texts, security footage, schedules, workplace records, or other evidence.

Employers should not simply ignore complaints because no one witnessed the entire incident.

Likewise, a company should not decide that an employee has no complaint merely because the conduct did not lead to termination or financial loss.

New York State specifically says harassment does not have to be severe or pervasive to be unlawful. Conduct that subjects someone to worse treatment because of gender can cross the line when it amounts to more than petty slights or trivial inconveniences.

What If the Company Ignores My Complaint?

Continue preserving evidence. Keep your original report, HR responses, follow-up communications, and records of subsequent incidents. If you report additional harassment, document those complaints too.

Also watch your employment conditions. Retaliation can arise when someone is punished for making a protected harassment or discrimination complaint. New York’s model policy protects employees who make complaints internally, complain to government agencies, cooperate with investigations, or make verbal or informal complaints to management.

If your hours change, assignments disappear, performance reviews worsen, or discipline suddenly begins, preserve those records.

An internal complaint is also not the only avenue available.

Filing With the New York State Division of Human Rights

The New York State Division of Human Rights enforces the New York State Human Rights Law.

State law covers employers regardless of size for sexual harassment protections.

The filing window has also expanded. For employment discrimination acts occurring on or after February 15, 2024, complaints generally must be filed with the Division within three years of the most recent alleged discriminatory act. Sexual harassment claims involving incidents occurring after August 12, 2020 already carry a three-year filing period.

Workers should not assume that an internal HR investigation pauses an agency deadline.

The Division accepts employment complaints and can investigate allegations of sexual harassment and retaliation.

Filing With the EEOC

The U.S. Equal Employment Opportunity Commission enforces Title VII, the federal law prohibiting sex discrimination and sexual harassment.

Title VII generally covers employers with at least 15 employees. In New York, a worker generally has up to 300 days from the alleged discriminatory act to file an EEOC charge because New York has state and local agencies that enforce anti-discrimination laws.

That deadline is much shorter than New York’s three-year period for many state-law claims.

Employees should therefore avoid assuming that the longest available state deadline protects every potential claim.

Filing With the New York City Commission on Human Rights

Workers whose claims have a sufficient connection to New York City may also have rights under the New York City Human Rights Law.

The New York City Commission on Human Rights enforces that law. A complaint alleging gender-based harassment can generally be filed with the Commission within three years of the last alleged act.

New York City also provides broad protections against workplace sexual harassment.

Choosing where to file deserves careful consideration. The City Commission notes that a person generally cannot file the same discrimination complaint there after already filing based on the same facts with certain other agencies or courts.

Similar election-of-remedies issues can arise under New York law. An attorney at Morgan & Morgan can help determine which forum may make sense before an employee files somewhere simply because it appears first in an online search.

Do I Need to Choose Between Internal Reporting and a Government Agency?

Internal reporting and external agency filings serve different purposes. Reporting internally gives the employer notice and an opportunity to investigate or correct the problem.

Filing with an agency can preserve and pursue legal rights under federal, state, or local law.

Employees should not assume that completing one process automatically completes the other.

Likewise, they should not assume that an employer’s investigation will extend an agency filing deadline.

If deadlines may be approaching, legal advice can help clarify the available options.

Morgan & Morgan May Be Able to Help

Reporting sexual harassment can affect both the immediate workplace problem and a potential legal case.

A clear written record, preserved evidence, and attention to filing deadlines can become extremely important.

If you have experienced workplace sexual harassment in New York and need help understanding how to report it, contact Morgan & Morgan for a free case evaluation.

Frequently Asked Questions

Does a sexual harassment complaint have to be in writing in New York?

New York’s model sexual harassment policy expressly states that reports can be made verbally or in writing. Employees can use the employer’s complaint form, send an email, or make a verbal report through an appropriate channel.

A written complaint can still provide an important practical advantage. It creates a dated record showing exactly what the employer was told. That can become valuable if harassment continues or the company later argues that management never knew what was happening.

If you make a verbal complaint, keep your own notes documenting when you reported the harassment and who received the complaint.

What should I include in a written harassment complaint?

Focus on facts. Identify who engaged in the conduct, what happened, approximately when it happened, and where it occurred.

Describe specific comments, touching, messages, invitations, gestures, or other behavior when possible.

Identify witnesses and relevant evidence. You do not need to know whether the conduct satisfies a particular legal test before reporting it.

New York State specifically tells workers that it is not their responsibility to determine whether treatment is legally actionable before making a good-faith complaint.

Keep a copy of your complaint and the employer’s response when possible.

How long do I have to file with the New York State Division of Human Rights?

For discriminatory acts occurring on or after February 15, 2024, New York State generally provides three years to file an employment discrimination complaint with the Division of Human Rights.

Workplace sexual harassment incidents occurring after August 12, 2020 also have a three-year filing period.

Older claims can involve different deadlines. Other legal claims can also have their own filing periods. Employees should therefore avoid using the three-year period as a reason to delay seeking advice.

How long do I have to file sexual harassment with the EEOC in New York?

For qualifying Title VII claims in New York, employees generally have up to 300 days from the alleged discriminatory act to file an EEOC charge.

Title VII generally covers employers with at least 15 employees. The EEOC deadline can arrive much sooner than New York’s state filing deadline.

An internal complaint to human resources should not be assumed to stop the EEOC clock.

If federal rights may be involved, workers should pay attention to both federal and state deadlines.

Can I file with the NYC Commission on Human Rights too?

Workers whose claims occurred in or have sufficient connection to New York City may have rights under the New York City Human Rights Law.

Gender-based harassment complaints can generally be filed with the NYC Commission on Human Rights within three years.

However, employees should think carefully before filing complaints with multiple agencies based on the same facts.

The City Commission states that a person generally cannot file the same discrimination matter there if it has already been filed with certain other agencies or courts.

An employment attorney at Morgan & Morgan can help evaluate the available federal, state, and city forums before a worker makes a filing that may affect other options.