- Your employer must investigate your claim promptly and impartially under New York law.
- An internal investigation typically involves interviews, evidence collection, and a written finding.
- Retaliation for reporting sexual harassment is strictly illegal under local, state, and federal laws.
- If your employer ignores your report, you can file a complaint with state or city human rights agencies.
- Speaking with a dedicated attorney can help protect your rights and keep your employer accountable.
It isn’t easy to report sexual harassment at your job, and it takes a lot of courage to come forward with a claim. Once you submit a report, your employer must immediately take action to investigate the issue and protect you from further harm. Retaliating against you for speaking up is illegal. Additionally, if your company fails to act, outside government agencies can get involved.
What Is Your Employer Required to Do After You Report Sexual Harassment?
Every New York employer must maintain a clear sexual harassment prevention policy and provide a standard complaint process. According to the New York State sexual harassment guidance for workers, employers have a legal duty to conduct a prompt, thorough, and impartial investigation into every complaint.
Your company cannot ignore your report or sweep it under the rug. Management must take immediate action to ensure the behavior stops while they look into the situation. They must treat your allegations seriously, keep the process as confidential as possible, and reach a resolution based on the facts gathered.
What Does an Internal Investigation Usually Involve?
Every company is different, but internal investigations usually include similar steps. The employee assigned to investigate your claim will sit down with you first to get the full story. They will ask for details about dates, times, locations, and any written proof you have. Next, they will interview the person you accused and speak with any witnesses who might have seen or heard the behavior.
During this time, the investigator reviews emails, text messages, phone logs, and security footage. You may be asked to put your complaint in writing if you have not already done so. Always keep your own copies of every document, email, and note you submit to HR. Finally, the investigator compiles a written finding that outlines whether the harassment occurred and what actions the company will take next.
How Long Does the Investigation Process Take?
The timeline for an internal workplace investigation varies based on the complexity of the case. A straightforward situation with clear written evidence might take a few days to resolve. A complex case involving multiple witnesses, extensive email records, or outside legal counsel can take several weeks.
New York law does not set a fixed legal deadline for completing an internal workplace investigation. However, companies must proceed without unnecessary delays. If your employer lets the process drag on for months without giving you updates, they may be failing to meet their obligation to provide a prompt resolution.
Why Is Retaliation After Reporting Harassment Illegal?
Retaliation after reporting sexual harassment is illegal under federal, state, and New York City laws. Your boss or company cannot punish you for standing up for your rights or participating in an investigation.
Retaliation takes many forms in the workplace. Common examples include:
- Firing, suspending, or demoting you
- Cutting your hourly pay or reducing your work hours
- Reassigning you to an undesirable shift, location, or department
- Excluding you from key staff meetings, projects, or training opportunities
- Issuing sudden negative performance reviews that you do not deserve
- Creating a hostile work environment to force you to quit
Retaliation can be the basis for a separate legal claim. Even if an investigator decides your original harassment complaint lacks enough evidence, your employer still cannot punish you for making that report in good faith.
What Should You Do If Your Employer Does Nothing?
If your employer ignores your complaint, delays the process indefinitely, or allows the harassment to continue, you have strong legal options outside the office. You can call the free, confidential New York State Division of Human Rights hotline at 1-800-HARASS-3 to learn about your rights and get guidance on next steps.
Filing a Formal Complaint with Government Agencies
You can also file a formal workplace complaint directly with government agencies. These agencies include:
- New York State Division of Human Rights (DHR): You can file a state administrative complaint within three years of the most recent harassing act.
- New York City Commission on Human Rights (CCHR): Generally, you have one year to file complaints. However, with gender-based complaints, the time is extended to three years from the incident.
- Equal Employment Opportunity Commission (EEOC): You can file a federal charge with the EEOC at its New York location. Generally, claims must be filed within 180 days of the incident, or within 300 days if state law prohibits the same type of harassment.
New York law gives workers significantly more time to file state and local claims than federal law allows. Additionally, you cannot file a civil lawsuit and multiple complaints with different agencies. An attorney can help you determine which route best fits your personal situation.
Possible Outcomes of a Sexual Harassment Complaint
A workplace sexual harassment complaint can lead to several distinct outcomes depending on what the investigation reveals. Possible outcomes can include:
- Disciplinary action: The company may reprimand, suspend, transfer, or fire the person who harassed you.
- Policy and structural changes: Management may update company training, adjust reporting channels, or move you or the harasser to separate teams.
- Negotiated settlement: The firm may offer financial compensation to cover lost wages, emotional distress, or medical expenses without going to court.
- Civil lawsuit: If the company fails to protect you or retaliates against you, you can file a lawsuit in court to seek full financial recovery.
Compensation in a successful legal claim may cover back pay, front pay, emotional distress, and attorney fees.
Talk to a New York Sexual Harassment Lawyer Today
Dealing with workplace harassment is stressful, but you do not have to handle HR and corporate lawyers on your own. We are real New Yorkers who fight for our clients and refuse to back down. At Chopra & Nocerino, we understand how tough it is to speak up. With over 50 years of combined experience and hundreds of millions in verdicts and settlements won for our clients, we know how to hold employers accountable when they fail to protect you.
Our team offers services in multiple languages so you can discuss your case comfortably. We provide free initial consultations to review your case, explain your options, and help you take back control of your career. To schedule your free appointment, you can contact us through our website or call us at (855) NYC-HURT.
