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Workplace Harassment And Employee Well-Being: Legal Considerations For Supporting Your Team

Businesspeople holding a discussion at a table about workplace harassment and employee well-being.

Most employers who are looking out for employee well-being would be horrified to learn of workplace harassment in their offices and other facilities. However, despite this, workplace harassment is a common problem in many workplaces around America. While in the past, this largely went unnoticed, changes in recent decades have brought this issue to light and instituted protections for victims of harassment. New York, in particular, has many strict protections for employees, enforced by the New York State Division of Human Rights. For employers, understanding and adopting recommended practices can help prevent workplace harassment and improve employee well-being.

Employers, in particular, are generally responsible for equipping and monitoring their subordinates to help prevent workplace harassment. The examples and policies set by the owners and managers will generally set the tone for the employees working below them. As such, anti-harassment training and responding appropriately to concerns is often key to supporting a team. For more information, a skilled New York employer defense attorney from Schwab & Gasparini may be able to provide details on implementing anti-harassment measures. Schedule a free initial consultation today by calling the office at (315) 422-1333 in Syracuse, (518) 591-4664 in Albany, (914) 304-4353 in White Plains, or (914) 304-4353 in Hudson Valley.

How Does New York Define Workplace Harassment?

Harassment has become something of a buzzword in recent years, which has been beneficial in spreading the word about this kind of treatment in the workplace, but it can tend to confuse the actual legal meaning of the terminology. Understanding the exact guidelines for workplace harassment can clarify what qualifies and how to compile evidence for a case. The first criterion that defines harassment in the workplace is the targeting of a protected characteristic. If harassment is based on discrimination against age, gender, religion, disability, sex, or several other factors, it may be considered harassment. The second criterion is more complex. Per federal regulations, harassment must be severe and regular to warrant action, but this is not true in New York. The state removed that requirement, which allows some individual incidents to be reported as well.

Examples of Workplace Harassment

While some examples of workplace harassment may be obvious, such as inappropriate touching or sexual advances. However, this is only one potential example of workplace harassment in New York. Offensive jokes, slurs, or name-calling could all be classified as harassment under New York law. Additionally, displaying such content or sharing it with coworkers when it contains offensive content may also qualify. Examples may also include impeding another individual’s work or talking about coworkers behind their backs, if those actions are based on discriminatory bias. All of these actions can damage employee well-being and hurt the performance and reputation of the company.

Considering Employee Well-Being For Employers

This is a serious issue, particularly for employers, as oftentimes discrimination and harassment come from individuals who are higher in the chain of command. This can also be more common during organizational change. Employers must take proactive steps to help prevent these behaviors in the workplace and promote employee well-being. Failure to protect employees from workplace harassment could severely damage employee morale, disrupt a company’s reputation, and even lead to legal action. Implementing anti-harassment training and responding to concerns will not only help employers comply with New York laws, but it will also improve morale and show employees that they are valued and respected.

An experienced New York business attorney from Schwab & Gasparini may be able to advise business owners on the legal aspects of implementing anti-harassment measures.

Frequently Asked Questions

Social media and other outlets often present misleading information about how to handle harassment claims and their legal implications. Listed below are some frequently asked questions about workplace harassment and employee well-being, which may help clarify some misinformation.

Can Employers Retaliate Against a Workplace Harassment Claimant?

No. Employers are forbidden by state laws to retaliate against employees for filing a harassment claim. This means that an employer cannot deny them benefits, intimidate, or act against the claimant for filing a harassment claim. Employees may even be protected under the federal Equal Employment Opportunity Commission in some circumstances.

Which Employers Are Covered by the Human Rights Law?

All employers in New York, regardless of size or number of employees, are covered by the New York Human Rights Law. This means that every employer in the state is accountable to the same standards and may be subject to a harassment claim. Sexual harassment is not tolerated in any workplace in New York, and this may extend to independent contractors.

How Serious Does Harassment Have to Be to File a Complaint?

While the federal level requires harassment to be regular and severe before legal action can be taken, New York has no such restriction. So long as the claim is valid and within the guidelines and definitions of workplace harassment, the claim may be viable. If you are not sure if a claim is valid, consider discussing your rights with an experienced attorney for more clarity.

Does the New York Human Rights Law Cover Out-of-State Workers?

The New York Human Rights Law does cover out-of-state workers, but only under a certain set of circumstances. This is generally determined by the employee’s worksite. If the employee lives outside of New York but spends most or all of their workdays in New York, they are covered. An employee is also covered if the harassment occurred in New York, such as on a work trip or business meeting. However, if the employee works remotely outside of New York, they are covered by their state’s human rights policy, even if their employer is based in New York.

Speak to a New York Employer Defense Attorney Today

Workplace harassment can severely damage employee well-being and even derail a company and discredit the owners. However, implementing anti-harassment training and policies can also be difficult. Employers may face resistance and may feel overwhelmed by the complexity of the legal requirements. Understanding New York harassment law can be difficult, and even with research, some business owners may miss key points and regulations. While this may seem trivial at the time, these issues can quickly spiral out of hand.

A seasoned New York employer defense attorney from Schwab & Gasparini may be able to help address these pitfalls. With a deep knowledge of the New York workplace harassment laws, an attorney may be able to evaluate an employer’s legal actions and help maximize employee well-being. Consider scheduling a free consultation by calling (315) 422-1333 for Syracuse, (518) 591-4664 for Albany, (914) 304-4353 for White Plains, or (914) 304-4353 for Hudson Valley.

Mon Aug 25 2025, 12:00am