Sexual Harassment by a Boss, CEO, Owner, or Executive
Sexual harassment at work is not limited to obvious demands for sex. It can include sexual comments, repeated messages, unwanted touching, pressure to date, comments about your body, threats to your job, retaliation after rejection, or a workplace culture where sexual conduct is tolerated because the person engaging in it is powerful. In many cases, the harasser is not just a coworker. The harasser may be a founder, owner, managing partner, CEO, executive, board member, senior rainmaker, physician, restaurant owner, investor, or high-producing manager whom the company protects.
Employees often hesitate to complain because the harasser controls promotions, bonuses, schedules, references, equity opportunities, client relationships, or access to leadership. That hesitation is understandable. But New York City law gives employees broad protection from sexual harassment, including harassment by supervisors and powerful decision-makers.
What Laws Protect Employees from Sexual Harassment?
New York City employees are protected by the New York City Human Rights Law, including N.Y.C. Admin. Code § 8-107, which prohibits discrimination and harassment based on gender, sex, sexual orientation, gender identity, and other protected traits. The New York City Human Rights Law is interpreted broadly and independently from federal law. In Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (2d Cir. 2013), the Second Circuit emphasized that New York City claims should not be dismissed merely because conduct might not meet the narrower federal “severe or pervasive” standard.
Employees may also have claims under the New York State Human Rights Law, N.Y. Exec. Law § 296, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. Under federal law, sexual harassment may be unlawful when it affects employment conditions or creates a hostile work environment. Foundational cases include Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), which addresses employer liability for supervisor harassment.
In New Jersey, employees may have claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12. The New Jersey Supreme Court recognized hostile work environment sexual harassment claims under the NJ LAD in Lehmann v. Toys “R” Us, Inc., 132 N.J. 587 (1993).
Examples of Sexual Harassment
Sexual harassment may include:
- A CEO or owner repeatedly asking an employee out after being told no.
- A supervisor commenting on an employee’s body, clothing, sex life, or dating life.
- Unwanted touching, grabbing, kissing, hugging, or brushing up against an employee.
- Threats that an employee will lose work, hours, clients, or promotions unless they tolerate sexual conduct.
- Sexual jokes, pornography, explicit messages, or sexualized workplace conversations.
- Retaliation after an employee rejects advances or reports harassment.
- A company ignoring complaints because the harasser is an executive or top producer.
- Harassment can occur in the office, at work events, during business travel, over text, on social media, through email, or in private meetings. It can also occur when an employee is expected to tolerate sexual conduct from a client, customer, investor, vendor, patient, or board member.
What Should Employees Do?
If you are being sexually harassed, try to preserve evidence. Save texts, emails, direct messages, calendar invites, voicemails, photos, HR complaints, witness names, and notes about what happened. If the harasser is a powerful executive or owner, documentation can be especially important because the company may later minimize what happened or claim it did not know.
You do not always need a perfect paper trail to bring a claim. But contemporaneous records can help show what happened, when it happened, who knew, and how the company responded.
Related Fingerhut Law Pages
Sexual Assault, Hostile Work Environment, Retaliation for Protected Activity, Wrongful Termination, LGBTQ+ Discrimination, New Jersey Law Against Discrimination.
Contact Fingerhut Law
If you were sexually harassed by a CEO, owner, supervisor, executive, coworker, client, or vendor, contact Fingerhut Law for a confidential consultation.
Attorney Advertising Disclaimer: This article is attorney advertising and is provided for general informational purposes only. It does not create an attorney-client relationship and is not legal advice. Prior results do not guarantee a similar outcome.