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Legal Defenses Employers Can Use In Harassment Lawsuits: What Works And What Doesn't

According to the National Sexual Violence Resource Center (NSVRC), almost 40% of women and 10% of men say they have experienced sexual harassment at American workplaces. This means that the average company is likely to experience harassment lawsuits at some point during its lifespan. Employers should be prepared to face these lawsuits, even if they believe that incidents of this nature would never occur in their workplaces. Harassment lawsuits are often completely unexpected, leaving employers with little time to consider potential defense strategies. That being said, it is possible to develop effective defense strategies for harassment lawsuits, potentially with help from experienced employment attorneys in New York. Consider exploring this topic further alongside Schwab & Gasparini. Reach our harassment lawsuit defense attorneys in Syracuse (315 422-1333), or Albany (518 591-4664). 

Determine Whether the Incident Qualifies as Workplace Harassment

The logical first step in defending against harassment lawsuits is to determine whether the alleged incident even qualifies as workplace harassment under New York law. If the incident does not fall into the legal definition of workplace harassment, there may be no need to develop a defense strategy. 

According to the New York State Attorney General, workplace harassment involves the unfair or different treatment of “protected classes” of workers. This may include discrimination, such as the non-hiring, termination, demotion, or underpayment of protected classes. Harassment might also include persistent, unwelcome behavior toward protected classes. Protected classes include elderly individuals, certain convicts, migrants, certain races, disabled individuals, pregnant individuals, certain genders, certain nationalities, certain sexes, and more. Consider contacting Schwab & Gasparini to learn more about protected classes. Note that sexual harassment is a type of discrimination in New York, since it involves treating workers differently based on their sex, gender, or sexual orientation. 

There Are Two Types of Workplace Harassment in New York

Employers should also know that there are two different types of workplace harassment in New York: “Quid pro quo” and “hostile work environment.” Quid pro quo harassment occurs when someone uses their position of power or influence in a company to demand sexual favors from an employee with less power. A hostile work environment involves persistent harassment that interferes with the ability of an employee to carry out their work-related duties. Defense strategies may differ based on the specific type of harassment in question. 

Potential Defense Strategies for Harassment Lawsuits

Numerous defense strategies could be viable for employers facing harassment lawsuits in New York. The most appropriate option may depend on the amount of time that has passed since the incident, the likelihood of false allegations, and other factors. 

Rely on the Statute of Limitations

Previously, the statute of limitations for workplace harassment claims was one year in New York. However, the statute is now three years old. Regardless, the statute of limitations can protect employers facing these lawsuits. As long as an employer can prove that more than three years have passed since the last reported instance of alleged harassment, they should be able to dismiss the lawsuit outright. 

Prove That the Harassment Never Actually Occurred

Perhaps the most obvious defense strategy is to prove that the alleged harassment never actually occurred. If employers suspect that these allegations might be false, they can raise their suspicions with experienced employer defense attorneys. These lawyers may then investigate the incidents in more detail to gather potentially helpful evidence. 

For example, a worker might claim that they were sexually harassed by another employee in a warehouse. This worker might provide a specific time of the alleged incident. If the work area is equipped with video surveillance cameras, the lawyer may be able to gather this footage and prove that the alleged incident did not occur. Other helpful evidence might include alibis, eyewitness testimony, and much more. 

Prove That the Actions Were Not Discriminatory

Alternatively, an employer might argue that although the incident actually occurred, it was not discriminatory in nature. For example, a worker of a particular ethnicity may claim that they were terminated solely due to their racial background. In defense, an employer might argue that the termination occurred due to the poor performance of the worker. For example, this worker might have failed to show up for work on time. If time sheets and similar documents establish this pattern of tardiness, the employer may be able to show that the termination was not discriminatory. 

Which Defenses Do Not Work in New York?

Some defenses are less effective in New York due to the specific employment laws enforced by the state. For example, it may be difficult to argue that the employee should have filed an internal report before filing a lawsuit. Previously, this “affirmative defense” allowed certain employers to avoid harassment lawsuits by establishing that the employee failed to take advantage of internal reporting procedures and other policies after the alleged incident. Known as the “Faragher-Ellerth” defense, this strategy is now markedly less effective thanks to the passing of S.6577/A.8421 in 2019. 

Quid pro quo harassment is unlawful even if the employee consents to sexual interactions. This is something that many employers fail to understand, and consent does not form the basis of a successful defense strategy. In the eyes of the court, a worker may feel pressured to consent to sexual interactions with someone who has more power and influence. For example, they may fear losing their job unless they consent. They may also consent due to a desire for career advancement. 

Learn More About Harassment Lawsuits With Schwab & Gasparini

While various defense strategies may be possible for employers facing harassment lawsuits, the most appropriate options should target the specific aspects of each case. These personalized defense strategies may be difficult to formulate through online research alone. A consultation with an experienced employer defense attorney in New York may provide opportunities to ask specific questions and receive guidance based on the unique elements of each case. For example, employers may need to consider whether the allegations are true or false before selecting an appropriate legal response. For an opportunity to learn more about defending against harassment lawsuits, consider connecting with Schwab & Gasparini. Contact our employer defense lawyers at our White Plains Office (914) 304-4353 or our Hudson Valley Office (914) 304-4353. 

Mon Nov 24 2025, 12:00am