What to Expect During the Sexual Harassment Lawsuit Process in New York

Facing Workplace Sexual Harassment in New York

Confronting sexual harassment at work can be an unsettling and emotional experience. No one should endure a hostile work environment, whether it’s a supervisor making inappropriate comments or a co-worker engaging in unwanted touching. Unfortunately, these incidents remain all too common – a recent New York survey found that 1 in 4 workers reported experiencing sexual harassment in the workplace. In this situation, you may feel anger, fear, or confusion about what to do next. The good news is that New York’s sexual harassment laws offer strong protections for employees, and there are legal steps you can take to seek justice. This article provides an informative, step-by-step overview of the sexual harassment lawsuit process for New Yorkers. You’ll learn about your rights under sexual harassment laws in New York, what each stage of a lawsuit entails, and how a New York sexual harassment lawyer can help you through the process. Understanding what to expect allows you to stand up for your rights and reclaim a safe, respectful workplace.

Our team of employment attorneys at Kessler Matura P.C. is known as one of the top firms in the state for sexual harassment cases. If you have any questions, you can contact us here or call 631-499-9100 for a free consultation.

Understanding Sexual Harassment Laws in New York

New York has some of the most robust sexual harassment laws in the country, designed to protect employees and hold harassers accountable. Both federal and state laws prohibit workplace sexual harassment. Under federal law (Title VII of the Civil Rights Act), employers are prohibited from harassing employees based on sex. New York State and New York City laws go even further, covering virtually all workplaces and workers. In New York, any employee, intern (paid or unpaid), contractor, or freelancer is protected from sexual harassment regardless of the employer’s size. Harassment can include unwelcome verbal or physical behavior such as lewd comments, sexual jokes, inappropriate touching, requests for sexual favors, or displaying offensive material. In short, sexual harassment is considered a form of illegal discrimination under New York law, and victims have the right to speak up and take action.

New York laws have been strengthened recently to make it easier for victims to prove harassment. Notably, harassment does not need to be “severe or pervasive” to be against the law in New York. This is a crucial difference from federal standards – even a single incident, if more than a petty slight, can be enough to violate the law. You do not have to file an internal complaint with your employer or exhaust company grievance procedures before pursuing a claim. In the past, employers sometimes escaped liability by arguing that the victim had never reported the behavior. New York law now plainly states that a victim’s failure to report internally does not bar them from holding the employer liable. Likewise, New York has outlawed forcing victims into silence – any settlement confidentiality (NDA) must be the victim’s preference, not the employer’s.

Retaliation is strictly prohibited. It is illegal for an employer to punish or fire you because you objected to harassment or filed a complaint. Suppose your employer retaliates (for example, demotes you, cuts your hours, or creates new hassles for you at work after you come forward). In that case, that is a separate violation of the law, and you could also pursue an employerretaliation claim (New York’s Human Rights Law and City Law both ban retaliation). New York City’s Commission on Human Rights emphasizes that an employer cannot “take action against you” for speaking up. This means you should not be threatened or mistreated for asserting your rights. Knowing that the law has your back can make it slightly less frightening to come forward.

New York’s sexual harassment laws also require employers to take preventive measures. Under state and city law, every employer must maintain a written policy against sexual harassment and provide employees with annual anti-harassment training. For example, New York City’s Stop Sexual Harassment Act mandates that employers with 15 or more employees (or even just one domestic worker) conduct yearly sexual harassment prevention training covering what harassment is, how to report it, and the prohibition of retaliation. Employers in NYC are additionally required to display an anti-sexual harassment poster in the workplace and give every new hire a fact sheet summarizing their rights (per Local Law 95). These notices (available as City-published factsheets and posters) are meant to ensure every worker knows that sexual harassment is against the law and that help is available.

Overall, New York’s legal framework is very much on the employees’ side. The state has even launched a comprehensive Combating Sexual Harassment in the Workplace initiative to enforce these laws. As part of that agenda, New York established a confidential hotline (1-800-HARASS-3) that workers can call to connect with pro bono sexual harassment attorneys and access support services. In short, if you are a victim of workplace harassment in New York, you have numerous rights and resources. The law recognizes the seriousness of the issue and provides clear avenues to report the misconduct and seek recourse. Next, we’ll outline what pursuing a legal case involves – from your first meeting with a sexual harassment lawyer to a potential trial.

The Sexual Harassment Lawsuit Process: Step by Step

Pursuing a lawsuit for workplace harassment can feel overwhelming, but breaking it down into stages makes it more manageable. Here’s an overview of the key steps in a New York sexual harassment case and what to expect at each phase of the legal process. (Remember, specific procedures can vary depending on whether you file in state or federal court, but the general progression is similar.)

Initial Consultation with a Sexual Harassment Attorney

The process often begins with an initial consultation with a sexual harassment attorney who is skilled in employment law. In this confidential meeting, you’ll discuss what happened to you. An experienced New York employment lawyer will ask questions to understand the timeline of events, the people involved, and any evidence you might already have. The attorney will evaluate whether your situation likely meets the legal definition of sexual harassment and advise you on your options. This is the time to be candid and provide all relevant information – remember, conversations with an employment lawyer in New York are protected by attorney-client privilege, so you can speak freely.

During the consultation, the lawyer may also explain your rights under New York law (many of which we outlined above) and the possible strategies for moving forward. Depending on your case, options might include filing an internal complaint with your company’s HR (if you haven’t already), filing a charge with a government agency, or proceeding directly to a lawsuit in court. The attorney will also make you aware of important deadlines. For example, how long do you have to take legal action? Under New York State law, you generally have up to 3 years to file a discrimination or harassment claim (either with the state Division of Human Rights or as a lawsuit in court). Federal law requires a charge to be filed with the EEOC within 300 days in New York for you to later sue under Title VII. A knowledgeable New York sexual harassment attorney will ensure you don’t miss these critical timelines. By the end of the consultation, you should have a clearer understanding of the strength of your case and the next steps. Often, clients feel a sense of relief after speaking with a sexual harassment lawyer – you’ll likely come away knowing that what you experienced is taken seriously under the law and that you’re not alone in fighting it.

Investigation and Case Preparation

Once you hire a sexual harassment lawyer to represent you, they will begin a thorough investigation and case preparation phase. Your attorney’s goal is to gather as much evidence as possible to substantiate your claims. This may involve collecting documents such as emails, text messages, performance reviews, company policies, and any records of complaints you made. Your lawyer might ask you to provide a detailed timeline of incidents, including dates, places, and witnesses to the harassment. If co-workers saw or heard the inappropriate behavior, your attorney may speak with them (or obtain written statements) to corroborate your account. In some cases, your lawyer can obtain security camera footage, voicemail recordings, or other physical evidence if they exist. You can assist in this stage by preserving any evidence you have – save relevant emails, keep a journal of events, and avoid deleting messages or social media posts that might relate to the case.

During this preparation stage, your attorney will also research the employer’s background. For instance, have there been prior New York sexual harassment cases against the same company or supervisor? Is there a pattern of complaints? Such information can sometimes be found in public records or through the EEOC/NY state archives and can strengthen your case by showing the employer was on notice of harassment issues. Your lawyer will develop a legal strategy, deciding which claims to bring (for example, under New York City Human Rights Law, New York State Human Rights Law, federal law, or all of the above) and which courts or agencies have jurisdiction. If required, the attorney may first file a complaint with an agency like the EEOC or the New York State Division of Human Rights to preserve your federal right to sue and take advantage of agency investigation processes. (New York law allows you to go straight to court for state and city claims, but if you plan to include federal Title VII claims, an EEOC filing is a prerequisite.) This investigation phase is essentially the foundation for your lawsuit – the stronger the evidence and factual detail your New York sexual harassment lawyer compiles, the better positioned you’ll be once the case formally begins.

Filing the Complaint

After the initial fact-gathering, your attorney will file a complaint to start the lawsuit officially. The complaint is a legal document (sometimes called a petition in certain courts) that describes the parties, the facts of the case, and the legal claims being asserted. In a sexual harassment lawsuit, the complaint will outline how the defendant (e.g., your employer and/or the individual harasser) violated the law – for example, by creating a hostile work environment or by engaging in quid pro quo harassment (demanding sexual favors in exchange for job benefits). It will also state the harm you suffered (such as emotional distress, lost wages if you were fired, etc.) and the relief you seek (such as monetary damages and any injunctions against the employer).

Your lawyer will determine the appropriate venue for the lawsuit. Many cases are filed in the New York State courts under state and city law, especially since New York removed caps on damages and broadened protections beyond federal law. Some cases go to federal court if there are federal claims or if strategic advantages exist. Once the complaint is filed with the court, it must be formally delivered (served) to the defendant. The employer (and any individual harasser named) will then have a chance to respond, usually by filing an answer to your complaint. In their answer, the defendants typically deny the allegations. They may offer affirmative defenses (for instance, claiming the behavior didn’t happen as you described, or that it wasn’t unwelcome, etc.). It’s also possible the defense might file a motion to dismiss, though with New York’s plaintiff-friendly standards (no severe/pervasive requirement, etc.), harassment complaints are less likely to be thrown out early as long as they are well-pleaded.

At this stage, the case is officially underway in the legal system. It’s normal to feel anxious once the lawsuit is filed – your story is now a matter of public record, and your employer will mount a defense. But remember, filing a lawsuit is a decisive step: it shows that you are seeking accountability through lawful means. Your attorney will manage the legal and procedural filings, keeping you informed. From here, the litigation moves into the discovery phase, which is often the longest part of the process.

Discovery Phase

Discovery is the phase in which both sides exchange information and evidence to build their cases. Think of it as a fact-finding mission conducted under court supervision. During discovery, your attorney and the employer’s attorney will serve each other with requests for documents and information. For example, your lawyer will ask the company to produce relevant items such as company policies, harassment complaints made by employees, HR investigation files related to your case, emails between the harasser and you (or about you), and so on. The employer’s lawyers will likely request documents from you, for instance, personal emails or texts where you might have discussed the situation or diaries you kept. Each side can also send interrogatories, which are written questions that must be answered under oath.

A major part of discovery in harassment cases is depositions. These are interviews where witnesses provide sworn testimony, usually in a sexual harassment attorney’s office with a court reporter transcribing. The defense attorney will almost certainly depose you – they will ask you detailed questions about what happened and your background, possibly trying to poke holes in your story or credibility. Don’t be alarmed; your New York sexual harassment attorney will prepare you extensively for your deposition and be by your side throughout it. Likewise, your lawyer will depose key witnesses from the employer’s side. This could include deposing the harasser (getting them on the record about their behavior), supervisors or HR personnel who handled your complaints, and any co-workers who witnessed events. In some cases, expert witnesses might be involved (for example, a psychologist to testify about the emotional impact on you or an economist to calculate lost wages).

Discovery can be a lengthy and often frustrating phase – it’s not unusual for it to take many months. There may be disputes where one side thinks the other is withholding evidence, leading to motions to compel and court conferences. However, discovery is crucial: it’s where the evidence is truly fleshed out. A strong piece of evidence (like a damning email or a corroborating witness) can significantly increase pressure on the employer to settle. Conversely, discovering weak points in either side’s case will shape the strategy going forward. Throughout discovery, stay engaged with your lawyer. You might periodically need to search for documents or answer questions. It’s normal for this phase to feel intrusive (no one enjoys having every email or text scrutinized), but it is a standard part of New York sexual harassment cases. It is ultimately aimed at uncovering the truth.

Settlement Talks and Mediation

At any point after the lawsuit is filed – and especially as discovery progresses – there may be settlement talks to resolve the case out of court. Many New York sexual harassment cases settle before ever reaching a trial. Either side can initiate a settlement. Your attorney might approach the employer’s counsel with a demand, or the employer might signal interest in negotiating. Often, once each side has seen the evidence through discovery, both have a clearer idea of the case’s strengths and weaknesses, which can motivate a resolution. For example, suppose your lawyer uncovered that the harasser had a history of similar misconduct. In that case, the employer might wish to avoid a public trial and be more willing to compensate you appropriately. On the other hand, if the defense finds some potentially exonerating evidence, your lawyer will factor that into a fair settlement amount.

Settlement discussions can happen informally between lawyers or through a more formal process like mediation. A neutral third-party mediator (often a retired judge or experienced attorney) facilitates negotiations in a structured setting. The mediator’s role is to shuttle between you and the employer, helping both sides consider the risks of going to trial versus the certainty of an agreed outcome. As the plaintiff, ultimately, you decide whether to accept a settlement offer, but you’ll do so on the advice of your attorney. A settlement typically involves the employer paying you an agreed sum of money (for damages like emotional distress, lost wages, etc.), and sometimes other terms like requiring the employer to implement policy changes or provide you a positive letter of reference. In exchange, you agree to dismiss the lawsuit and usually to a waiver of further claims. New York law now gives harassment victims considerable say in whether a settlement will be confidential or not – an employer cannot force you into a gag order without your consent.

There are pros and cons to settling. The advantage is a guaranteed result – you receive compensation and closure without the uncertainty of trial. It also spares you the additional time and stress a trial can entail. The disadvantage is that by settling, you typically do not get an admission of wrongdoing, and the outcome may remain private (unless you insist on the option to speak about it). However, even confidential settlements often have public value; for instance, the NYC Commission on Human Rights publishes generalized summaries of settlements to educate others (e.g., a 2024 case against a dialysis company that settled for $30,000 in damages and penalties after a worker was harassed and then fired for complaining). Your lawyer will negotiate vigorously to obtain a fair settlement that compensates you for the harm and, ideally, includes measures to prevent future harassment at that company. The case will proceed to trial if a satisfactory settlement can’t be reached.

Trial and Possible Outcomes

A trial is the stage people tend to imagine when they think of lawsuits – but in reality, it’s the endpoint that a minority of cases reach. Should your case go to trial, it means no settlement was achieved, and a judge or jury will now determine the outcome. In a trial, both sides present their evidence in court. As the plaintiff, you (and any supporting witnesses) will testify about what occurred. Your New York sexual harassment lawyer will also introduce documents, emails, or other exhibits uncovered during discovery to prove your claims. The defense will put on their witnesses and evidence to refute the allegations or minimize their liability. Trials can last anywhere from a few days to several weeks, depending on the complexity of the case and the number of witnesses.

In a sexual harassment trial, the core questions usually are: Did the alleged harassment occur as described? Did it create a hostile or abusive working environment or otherwise violate the law? And what damages (if any) is the plaintiff entitled to? The jury (or judge, if it’s a bench trial) will evaluate the credibility of each side’s story. Your attorney will make opening and closing arguments tying the evidence to the law, aiming to show that the behavior was unwelcome, based on sex/gender, and that your employer should be held responsible for allowing it or for retaliating. New York juries take these cases seriously, especially if the conduct is egregious.

Possible trial outcomes include a verdict in your favor or in favor of the defendant. If you win, the jury will likely award damages. These can include compensation for your economic losses (such as lost pay if you had to quit or were terminated) and for your pain and suffering (the emotional distress and mental anguish caused by the harassment). New York law allows compensatory and punitive damages in employment harassment cases. Punitive damages are meant to punish especially malicious or reckless conduct and deter others; they might be awarded if, for example, your employer willfully ignored complaints or the harasser’s conduct was outrageously egregious.

Additionally, the law provides that a prevailing plaintiff can recover their attorney’s fees from the defendant. This is important because it enables victims to seek justice without being dissuaded by legal costs – if you win, the court can make the employer pay your legal bills. By contrast, you receive no compensation if the employer wins at trial. (In most cases, you would not be required to pay the employer’s fees just for losing unless a claim was found frivolous, which is rare in well-founded harassment suits.)

Even after a trial verdict, there can be further steps. The losing side may appeal to a higher court, potentially prolonging the conflict. However, appeals focus on legal errors and don’t retry the facts. Many cases settle during trial or even post-verdict to avoid drawn-out appeals. If your case closes with a settlement or a verdict in your favor, it can have wider effects. It sends a message to your employer and industry that sexual harassment won’t be tolerated, which may prompt workplace training or policy changes. Some survivors also find emotional validation in having their story officially acknowledged through the legal process, whether via a settlement agreement or a public verdict. Ultimately, reaching the end of a case – by trial or settlement – is an accomplishment in holding wrongdoers accountable and can be a step toward healing.

Protecting Yourself During the Legal Process

While your attorney handles the legal heavy lifting, there are steps you can take to protect yourself and strengthen your case throughout the process. First and foremost, continue documenting everything. Record any ongoing incidents (if you’re still employed), including dates, times, locations, and witnesses. Save any new emails or messages that relate to the case. If there are relevant documents you haven’t yet shared with your lawyer, do so. Meticulous documentation can serve as valuable evidence and help you remember details as time passes.

Be mindful of your online and social media presence. The employer’s legal team may monitor your social media or online activity for anything they can use against you. Avoid posting about the case or your employer on Facebook, Twitter, etc. Even innocent posts can be misconstrued – for example, avoid venting about work or discussing your emotional state publicly in ways the defense might misinterpret. It’s best to tighten your privacy settings and discuss with your lawyer what is safe to share online during an active lawsuit. Along the same lines, do not discuss the case with current co-workers without guidance from your attorney; those conversations could get back to management or be obtained in discovery—direct all inquiries to your legal counsel.

If you still work at the company during the lawsuit, know you can continue working without harassment or retaliation. Sometimes, after a complaint, an employer might try to isolate or subtly punish an employee (e.g., excluding you from projects or hanging your shifts). Keep notes of any behavior that feels like payback for filing the complaint. As noted, retaliation is illegal, and evidence of it can become leverage in your case. For instance, if your boss starts writing you up for trivial things only after you complain, your lawyer can use that to show bad faith by the employer. Do your best to remain professional and maintain job performance to the extent possible; you don’t want to give the company any legitimate reason to discipline or fire you. If the stress of the situation impacts your work, consider informing your attorney. In some cases, they might communicate with the employer (or their lawyer) to address workplace adjustments or even negotiate a leave of absence if needed for your well-being.

Take advantage of available resources and support systems. New York State’s harassment hotline (1-800-HARASS-3) is one resource that can offer advice and connect you with support (though if you already have a sexual harassment attorney, you’ll primarily rely on your attorney’s advice). If your company has an Employee Assistance Program (EAP) that offers counseling, it might be worth contacting them for confidential support in coping with stress. Also, consider reaching out to trusted friends or family (privately) for emotional support during the case – just be careful not to divulge sensitive case details to anyone beyond your legal counsel. The key is to ensure you take care of yourself while the lawsuit is ongoing, which helps you stay focused and clear-headed for essential events like depositions or trial testimony.

Finally, stay in regular communication with your lawyer. If anything new happens – for example, if the harasser tries to contact you, or if you receive a threatening message, or even if you discover a new witness who could help – inform your attorney right away. Prompt communication can sometimes shift the direction of a case or open up new avenues to explore. You must be an active, vigilant participant in your case. By partnering closely with your New York sexual harassment lawyer and taking these self-protective steps, you help maximize the chances of a successful outcome. Remember, you have power in this process – not only through the law but through your actions to assert and preserve your rights.

Coping with the Emotional Toll

Filing a sexual harassment lawsuit is not just a legal journey – it’s an emotional one as well. It’s important to acknowledge and prepare for the psychological impact that pursuing justice may have on you. Many harassment survivors experience a range of feelings: anxiety about confronting the harasser, relief at taking action, anger at the employer’s response, and stress from reliving traumatic events. It’s completely normal to have ups and downs. Research has shown that experiencing sexual harassment can be correlated with depression, anxiety, and even trauma-related symptoms. Engaging in a lawsuit can sometimes intensify these feelings in the short term, even though it may lead to empowerment in the long run.

One of the best things you can do is build a support network. Consider speaking with a therapist or counselor who has experience with trauma or workplace issues. Therapy can provide a safe space to process emotions as the case progresses. If treatment isn’t accessible, even confiding in a close friend or joining a support group (there are groups for sexual harassment or assault survivors) can help you feel heard and less alone. Sometimes, just talking to others who’ve been through similar ordeals can reduce feelings of isolation and validate your reactions. Remember that what you went through is not your fault, and seeking help is a sign of strength, not weakness.

Practice self-care in whatever way works for you. Legal proceedings can be a marathon, not a sprint, so maintaining routines that reduce stress is key. This could include exercise, meditation, journaling, or hobbies that relax you. Even something as simple as taking walks, doing yoga, or enjoying enjoyable activities can provide a mental break from the case. Ensure you’re getting enough sleep and eating as well as possible – our physical well-being greatly influences our ability to handle stress. On especially tough days (for example, after a deposition or a meeting where you had to recount painful memories), give yourself permission to rest or seek comfort from loved ones.

It’s also empowering to remember why you are doing this. Many people pursue harassment claims not just for themselves but to drive change. By standing up, you are sending a message that this behavior is unacceptable, potentially sparing future employees from the same treatment. Keeping that sense of purpose in mind can be motivating. However, don’t put undue pressure on yourself to be a “perfect” advocate or to always feel okay. There will be moments of doubt or emotional exhaustion – lean on your attorney and support system when those come. Your lawyer understands the emotional component and can often provide reassurance by updating you on progress or explaining what’s next, making the road ahead less uncertain.

Lastly, celebrate small victories. Did you get through a round of questioning in a deposition? Treat yourself to something nice afterwards. Did the court deny the employer’s dismissive motions, or did you secure a favorable settlement? Acknowledge that achievement. Every step forward is a step toward reclaiming your power and peace of mind. The legal process can be emotionally draining, but many clients ultimately find it was worth it – not only for the resolution obtained but for the personal growth and closure that comes with confronting the issue head-on. As you cope with the emotional toll, keep reminding yourself you deserve to be treated with respect, and seeking justice is a brave and justified response.

Frequently Asked Questions

1. How long do I have to file a sexual harassment lawsuit in New York?

In New York, you generally have 3 years from the last incident of harassment to file a lawsuit under state law. This three-year time limit (statute of limitations) applies to cases brought under the New York State Human Rights Law and the New York City Human Rights Law. For example, if you were harassed in 2022, you typically have until 2025 to initiate legal action. Notably, New York recently expanded the timeframe for filing administrative complaints as well – as of 2024, you also have 3 years to file a charge with the NY Division of Human Rights (where it used to be 1 year). However, federal law has shorter deadlines: to preserve your rights under federal Title VII, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the harassment (for New York workers, it’s 180 days in states without a local agency). After getting a “Right to Sue” letter from the EEOC, you would have 90 days to file a federal lawsuit. Because of these varying deadlines, it’s wise to consult a sexual harassment lawyer as soon as possible. Missing a deadline can bar you from bringing your claim. By speaking with a New York sexual harassment lawyer promptly, you can ensure all timely filing requirements are met.

2. Should I report the harassment to my employer before suing?

Under New York law, you are not required to report the harassment internally or use your employer’s internal complaint process before filing a lawsuit or complaint with a government agency. The law explicitly says that a victim “does not have to complain to their employer or file a formal grievance” to hold the employer liable. This protects employees who fear retaliation or who doubted that complaining internally would help. That said, if it is safe and feasible, reporting the harassment to HR or management when it happens can be beneficial. Internal reports create a record that the employer was informed, and they give the company a chance to address the issue. If the employer promptly stops the harassment after your complaint, that could actually resolve the problem without legal action. On the other hand, if they fail to act, your internal complaint (and the employer’s lack of proper response) becomes evidence in your favor. In summary, you can pursue legal action even if you never reported it to HR, especially in New York where the laws are very victim-friendly on this point. But as a practical matter, many people do report harassment internally first. It’s a personal decision and sometimes a strategic one – you should discuss the pros and cons with an employment lawyer in New York. The key is that not reporting is not a legal barrier; it won’t prevent you from suing. Employers can no longer escape liability simply because the victim stayed quiet out of fear or hopelessness.

3. Can my employer retaliate against me for filing a complaint or lawsuit?

They can try, but it’s against the law if they do. New York State and New York City laws strictly prohibit employer retaliation against anyone who complains about sexual harassment or participates in an investigation or lawsuit. Retaliation can include firing, demoting, reducing your pay, changing your schedule to less favorable shifts, or harassing you for taking a stand. Such conduct is illegal and creates a separate claim from the original harassment complaint. In other words, if your employer punishes you for speaking up, you can also take legal action for retaliation, which could result in additional damages. In practice, most employers know retaliation is risky and unlawful – but that doesn’t mean it never happens. Unfortunately, some subtle forms of retaliation (like isolating someone or nit-picking their work) are common. Be sure to document anything that feels like payback. For example, if you had good performance reviews but suddenly get written up after filing your lawsuit, note that and inform your attorney. The law is on your side here: New York City’s Human Rights Law says it’s a violation for an employer to take any adverse action against you for opposing discrimination. The New York State Human Rights Law similarly bans retaliation in broad terms. Additionally, the NYC Commission on Human Rights and state agencies can intervene if retaliation occurs. Bottom line – you should not be punished for asserting your rights. If you are, your lawyer can amend your lawsuit to include a retaliation claim or file a new complaint addressing it. Many employers will avoid retaliating if they’re properly advised, because it can significantly worsen their legal position. If you believe you’re experiencing retaliation, let your attorney know immediately so they can take steps to protect you.

4. What damages or compensation can I recover if I win my case?

If your sexual harassment case is successful – whether through a settlement or a court verdict in your favor – you may be entitled to several types of damages (financial compensation for the harm you suffered). Common forms of compensation in New York sexual harassment cases include:

• Emotional distress damages: Almost all victims can receive money for the emotional harm, mental anguish, and loss of enjoyment of life caused by the harassment and any associated trauma. There is no fixed cap on this in New York; juries will consider how the harassment impacted you (e.g. anxiety, depression, PTSD symptoms, etc.). Even relatively “mild” harassment can merit an award if it had a serious effect on you.

• Lost wages: If you missed work, had your hours cut, or lost your job because of the harassment or retaliation, you can claim back pay for the income you lost. This includes salary, bonuses, benefits, or promotions you were denied. If you had to take a lower-paying job or became unemployed for a period, those losses are compensable. In some cases, you can also get “front pay,” which compensates for future lost earnings (for example, if you can’t return to your old job and will continue to earn less going forward).

• Medical expenses: If you incurred costs for therapy, counseling, or other medical treatment due to the emotional distress caused by the harassment, you can seek to have those expenses reimbursed.

• Punitive damages: New York law allows punitive damages against private employers in discrimination/harassment cases. Punitive damages punish the employer or harasser for especially reprehensible conduct. They are awarded in cases where, for instance, higher management willfully ignored complaints or the harassment was particularly outrageous. These can sometimes be significant sums, meant to send a strong message.

• Attorney’s fees and costs: If you win, the court can order the defendant to pay your reasonable attorney’s fees and litigation costs. Both the state and city laws provide for this. It ensures that victims are made whole and encourages attorneys to take on these cases. (In a settlement, typically the settlement amount will account for your fees as well.)

Additionally, non-monetary relief can be part of the outcome. For example, a settlement might require your employer to institute better training or update its harassment policies. In agency cases (like ones brought to the NYC Commission on Human Rights), the Commission can impose civil penalties payable to the city (up to $250,000 for willful violations), and require the employer to undergo training or other remedial actions – though those penalties don’t go to the victim, they further the public interest. In a private lawsuit, a judge can issue injunctions, such as ordering the company to stop certain practices or to expunge a wrongful disciplinary action from your record.

Significantly, unlike federal law, New York State and City laws do not cap the amount of compensatory and punitive damages. Federal Title VII has caps on combined damages ($50,000 to $300,000 depending on employer size), but those caps do not apply to claims under NY state/city law. This means the potential award can fully reflect the actual harm in a New York court without an arbitrary limit. Each case’s value will depend on its specific facts – the severity and duration of the harassment, the impact on the victim’s career and health, and how egregious the employer’s conduct was. Your attorney will usually provide an estimate or range based on similar New York sexual harassment cases and their experience. Many cases resolve in tens or low hundreds of thousands of dollars. Still, some extraordinary cases (especially those involving high-profile employers or multiple victims) have resulted in seven-figure or even higher awards. Ultimately, the goal of damages is to compensate you for what you went through and to restore you, as much as money can, to the position you would have been in had the harassment not occurred.

5. Should I go to trial, or will my case likely settle out of court?

Most employment law cases, including sexual harassment lawsuits, settle out of court before reaching a trial. It’s estimated that most of these cases are resolved through negotiated settlements rather than a complete trial verdict. There are a few reasons for this. Trials can be unpredictable – even with a strong case, a jury might see things differently, so both sides have some risk. Trials are also public and can be lengthy and expensive (for the employer especially). Settlements allow for a quicker resolution, confidentiality (in many cases), and a mutually agreed outcome. From your perspective as a plaintiff, settling can spare you the stress of testifying at trial and the uncertainty of a jury decision. From the employer’s perspective, settling can control damage to their reputation and avoid a potentially larger payout that a sympathetic jury might award.

Moving Forward: Empowering Yourself Through Legal Action

If you or someone you know is experiencing sexual harassment at work in New York, don’t hesitate to seek help. Kessler Matura PC and firms like them are ready to listen and advocate for you. The road from victimization to vindication can be challenging. Still, with compassionate legal guidance and the backing of New York’s laws, you have the tools to reclaim your voice and your dignity. Your bravery in coming forward is essential – it’s a step toward your healing and creating safer workplaces for everyone. You have the right to a workplace free from harassment, and if that right is violated, the legal system is a powerful 

If you or someone you know has been sexually harassed at work in New York, don’t hesitate to seek legal help. Speak with a New York sexual harassment lawyer at Kessler Matura P.C. for your case. If you have any questions, you can contact us here or call 631-499-9100 for a free consultation.