What qualifies as sexual harassment under the New York State Human Rights Law?

What the Law Says

The New York State Human Rights Law (NYSHRL) defines and prohibits sexual harassment in employment, housing, education, and public accommodations. It applies broadly — including to employers with just one employee — and sets standards stricter than federal law in several respects.

Under NYSHRL, sexual harassment is unlawful discrimination based on sex. It covers two main types: 'quid pro quo' harassment (where job benefits are conditioned on sexual favors) and 'hostile work environment' harassment (where unwelcome sexual conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive workplace).

Unlike federal law, NYSHRL does not require harassment to be 'severe or pervasive' to be actionable in all cases — especially for hostile environment claims arising after the 2019 amendments. The law also explicitly prohibits retaliation against anyone who opposes harassment or files a complaint.

The law applies to all employers, labor organizations, and employment agencies in New York State — regardless of size — and extends protection to interns, contractors, and non-employees in certain contexts (e.g., clients or customers subjected to harassment by coworkers).

Statutory Text

‘Sexual harassment’ shall mean harassment on the basis of sex which includes, but is not limited to, subjecting an individual to inferior terms, conditions or privileges of employment because of the individual’s sex, or making employment decisions on the basis of sex, or subjecting an individual to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when… submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment…

— New York State Human Rights Law, § 292(27) — Definition of sexual harassment

Statutory Text

It shall be an unlawful discriminatory practice… for an employer… to discriminate against any person because such person has opposed any practices forbidden under this article…

— New York State Human Rights Law, § 296(1)(e) — Retaliation prohibition

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