Getting to court
Federal claims generally require filing a charge with the EEOC and receiving a notice of the right to sue before a lawsuit. Many New York State and City claims can be filed directly in court, but filing them first with a state or city agency can bar a later lawsuit on the same claim, so the order matters. If an arbitration agreement exists, federal law lets employees bring sexual harassment and sexual assault claims in court even so, though other kinds of harassment claims may still go to arbitration. Under New York law, individual harassers can sometimes be named alongside the employer. Each of those choices is worth making deliberately at the start.
What the case will examine
The employer's responsibility often depends on who did the harassing and what the company knew. Where federal law applies, an employer facing supervisor harassment may argue that it had a reasonable complaint process and that the employee did not use it, while New York City law generally holds employers more directly responsible. Expect discovery to cover messages, complaint records, investigation files, and testimony from coworkers who saw or heard the conduct. If emotional distress is claimed, medical and counseling records may be requested. The employer's handling of earlier complaints about the same person is frequently important.
How these cases tend to end
Many lawsuits of this kind resolve through mediation or settlement, sometimes before depositions and sometimes after a court rules on a motion. New York restricts confidentiality terms in settlements of discrimination and harassment claims unless the complainant prefers confidentiality, and that preference has to be documented through a specific process. Other terms often include a release, non-disparagement language, and how the payment is taxed. Trial remains available if a fair resolution is not reached. We review the record, the forum options, and what a lawsuit would require from you personally before recommending whether to file.
