SJ Solutions

# Harassment

# F.A.Q's

This page was designed to attempt to answer any quick questions that you may have about harassment. If you are unable to find an answer to your question feel free to reach out to us, we'll be happy to help you.

#### For Workers

If you believe that you have been sexually harassed, you should report the conduct to your employer, temporary agency or placement agency. If your employer is your harasser, or you do not trust how your employer will react, you may contact the New York State Division of Human Rights. The Division of Human Rights can take complaints and investigate. You can also, simultaneously or subsequently, file a complaint with the New York State Division of Human Rights. Please note: a complaint must be filed with the Division of Human Rights within one year of the alleged discriminatory act (within three years, for sexual harassment only, beginning Aug. 12, 2020). For more information, see the Division’s brochure entitled “Sexual Harassment.”

There are several ways to file a complaint with the Division:

- For information on how to file a complaint, visit: www.dhr.ny.gov/complaint
- You can call 1-888-392-3644
- You can visit a Division of Human Right office and file a complaint in person: https://dhr.ny.gov/contact-us

New York’s Human Rights Law prohibits retaliation for making an internal complaint to your employer, or for filing a complaint with the Division of Human Rights. If you feel you are being retaliated against, you should contact the Division and file a complaint.

Yes. The Human Rights Law requires ALL employers in New York State, regardless of the number of employees, to provide a workplace free from sexual harassment.

The courts previously required that harassment had to be "severe or pervasive" before it was unlawful. As of October 11, 2019, this has been changed by an amendment to the Human Rights Law, so that harassment is unlawful if it anything than" petty slights or trivial inconveniences."

#### Non-Employees in a Workplace

Non-employees, such as contractors, subcontractors, vendors, consultants or anyone providing services in the workplace, are also protected from harassment(and other discriminatory actions) at a location where they are working. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services provided pursuant to a contract with the employer.

Your employer and the business that operates in your worksite are both required to provide you a harassment-free workplace. You should report the conduct to the worksite business, and also to your own employer. Both are responsible to address the problem. If you do not trust how your employer will react, you may also file a complaint with the Division of Human Rights.

Your employer is required to provide a workplace free from sexual harassment, regardless of who the harasser is. Your employer is required to take appropriate action based on your complaint. If you do not trust how your employer will react, you should file a complaint with the Division of Human Rights.

Your supervisor is required to take your complaint to someone who can investigate and take corrective action. You cancomplain to another supervisor or manager at your employer, or you can file a complaint with the Division of Human Rights, or you can do both.

Employers are encouraged to post and make available their Sexual Harassment Prevention policies. You can complain to a supervisor or manager at the employer, file a complaint with the Division of Human Rights, or both.