New York City Human Rights Law: Workplace Harassment Rules (2026)

Last verified: November 12, 2026 against Executive Law §§ 296, 296-d and 297, Labor Law § 201-g, General Obligations Law § 5-336 and the NYS Division of Human Rights and NYC Commission on Human Rights websites

The New York City Human Rights Law protects people who work in the five boroughs, and the state law protects everyone who works in New York. Together they cover harassment, discrimination and retaliation, and they reach more workers than federal law does. This page explains what counts as workplace harassment, how the state and city rules differ, what employers must do, and how long you have to act. It is general information, not legal advice.

What does the New York City Human Rights Law say about workplace harassment?

The New York City Human Rights Law is Title 8 of the New York City Administrative Code, and the NYC Commission on Human Rights enforces it. For employment, the Commission says it protects employees, interns, job seekers and independent contractors, and it lists 21 protected categories.

• Age, color, race, national origin and religion or creed
• Gender, gender identity, sexual orientation, and sexual and reproductive health decisions
• Disability, pregnancy and caregiver status
• Marital or partnership status, military service and immigration status
• Status as a victim of domestic violence, sexual violence or stalking
• Arrest or conviction record, credit history, salary history, height and weight, and unemployment status

Gender-based harassment protections apply to all employees regardless of the size of the employer, according to the Commission. Retaliation for complaining is also prohibited.

Is workplace harassment illegal under New York State law?

Yes. Under Executive Law § 296(1)(h), it is unlawful to subject a person to harassment that creates inferior terms, conditions or privileges of employment because of a protected category. The 2019 amendments, Chapter 160 of the Laws of 2019, wrote this standard into the statute.

The state law applies to every employer in New York, however small. Its protected classes include age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status and status as a victim of domestic violence.

Section 296-d adds protection for non-employees. An employer is liable to contractors, subcontractors, vendors and consultants, and their employees, when it knew or should have known of the unlawful conduct and failed to take immediate and appropriate corrective action.

What counts as a hostile work environment in New York?

A hostile work environment is harassment that makes the job worse because of who you are. New York State law says harassment is unlawful “regardless of whether such harassment would be considered severe or pervasive under precedent,” so a single serious incident or a steady pattern of smaller ones can qualify.

The statute gives employers one defense. They can argue the conduct did not rise above what a reasonable victim of the same protected category would consider petty slights or trivial inconveniences. The employer has to raise that defense; it is not something you must disprove first. The statute also says that failing to complain to your employer is not decisive on liability.

• Likely harassment: repeated slurs about race, unwanted sexual comments or touching, mocking a coworker’s disability, or targeting someone for pregnancy or religion.
• Often not enough on its own: a single stray remark that is truly minor, or ordinary criticism of your work that has nothing to do with a protected trait.
• Retaliation: punishing you for opposing harassment or filing a complaint is a separate violation.

What are the New York sexual harassment laws for employers?

Every employer in the state must follow Labor Law § 201-g. It requires a written sexual harassment prevention policy that meets or exceeds the state model policy, including a complaint form and a process for timely, confidential investigation. Employers must give interactive training to all employees every year, and give written notice of the policy at hire and at each annual training, in English and in each employee’s primary language.

New York City adds its own rules under the Stop Sexual Harassment in NYC Act, which sits alongside the New York City Human Rights Law. Employers with 15 or more employees, or one or more domestic workers, must train employees every year, keep training records for three years, and post the Commission’s notice in English and Spanish in a visible place. New hires must get the Commission’s fact sheet by the end of the first week. The Commission offers a free online training of about 45 minutes.

Is workplace bullying or cyberbullying illegal under the New York City Human Rights Law?

Not by itself. Neither the state law nor the city law covers bullying that has nothing to do with a protected category, and I found no separate New York statute that makes it unlawful. Harassment becomes illegal when it is tied to a trait such as sex, race, age or disability, and the same applies when it happens through email, text messages or social media.

Some conduct can also be a crime. Threats, stalking and repeated unwanted contact fall under separate criminal harassment offenses, which our guide to New York harassment laws covers.

Do disability rules under the New York City Human Rights Law apply to harassment?

Yes. Disability is a protected class under both laws, so mocking a disability, refusing a needed accommodation or treating a worker worse because of a medical condition can be discrimination or harassment. The same rules apply to the other protected classes listed above. For general pay and scheduling rules, see our overview of New York labor laws.

How do the New York City Human Rights Law and state law compare?

Question	New York State Human Rights Law	New York City Human Rights Law
Who enforces it	NYS Division of Human Rights	NYC Commission on Human Rights
Where it applies	All of New York State	The five boroughs
Agency deadline	Three years for acts on or after February 15, 2024	One year, or three years for gender-based harassment
Court deadline	Not stated in Executive Law § 297; ask a lawyer	Three years after the last act
Employer training	Annual, every employer	Annual, employers with 15 or more employees
Cost to file	Free, no lawyer needed	Free

You cannot use both tracks for the same facts. Under Executive Law § 297, a person who files a lawsuit cannot also file with the state agency on the same grievance. The city says you cannot file with the Commission if you already filed on the same facts with the state agency, the EEOC, or a court. The Commission also no longer automatically cross-files employment claims with the EEOC.

How long do you have to file under the New York City Human Rights Law and state law?

For the state agency, the Division of Human Rights says that for acts on or after February 15, 2024, you must file within three years of the most recent incident. Workplace sexual harassment already had a three-year window before that date. The Division’s Call Center is (844) 697-3471, and its online discrimination report is the first step before a formal complaint.

Under the New York City Human Rights Law, the Commission requires a complaint within one year of the last alleged act, or three years for gender-based harassment. A lawsuit in state court under the city law must be filed within three years of the last act. Because deadlines and election rules interact, speak to a New York employment lawyer before choosing a path.

What penalties and remedies can a harassed worker get?

Under Executive Law § 297, the state can order civil fines of up to $50,000, or up to $100,000 if the conduct was willful, wanton or malicious. Punitive damages are available against private employers in employment cases. The Division of Human Rights must decide whether it has jurisdiction and whether there is probable cause within 180 days of a complaint. Prevailing employers can seek attorney’s fees only by showing the action was frivolous.

Can an employer make you sign a confidentiality agreement about harassment?

Only if you prefer it. Under General Obligations Law § 5-336, an employer cannot include a term that prevents disclosure of the facts behind a discrimination, harassment or retaliation claim unless confidentiality is the complainant’s preference. The term must be written in clear language, the complainant has up to 21 days to consider it, and can revoke it for at least seven days after signing. For agreements made on or after January 1, 2020, a clause barring disclosure of future claims is void unless it preserves your right to speak with law enforcement, the EEOC, the Division of Human Rights, the Attorney General, a local commission or your attorney.

Real-life New York scenarios

• A Brooklyn restaurant worker with a manager who makes repeated sexual comments: this can be gender-based harassment under the New York City Human Rights Law, so she can file with the NYC Commission within three years of the last incident.
• A Rochester office worker who hears one offhand slur from a coworker: state law has no severe-or-pervasive requirement, but the employer may argue the single remark was a petty slight, so the facts matter.
• A Manhattan freelance designer harassed by a client’s staff: as an independent contractor, the designer is protected by the New York City Human Rights Law, and under Section 296-d the client may be liable if it knew and did nothing.
• A Buffalo employee told to sign a settlement that bans her from ever discussing the claim: that term is lawful only if confidentiality was her preference and she had 21 days to consider it.

Myths and facts about the New York City Human Rights Law and state harassment rules

• Myth: Harassment must be severe or pervasive. Fact: New York State law says it does not.
• Myth: Small businesses are exempt. Fact: The state law covers every employer, and the Commission says gender-based harassment protections apply regardless of employer size.
• Myth: You lose your claim if you did not complain at work. Fact: Under Executive Law § 296(1)(h), a failure to complain is not determinative of liability.
• Myth: You need a lawyer to file. Fact: Filing with the state Division of Human Rights is free and needs no attorney.

Frequently asked questions

What does the New York City Human Rights Law protect?

It protects employees, interns, job seekers and independent contractors from discrimination and harassment in employment based on categories including gender, race, disability, age, caregiver status and immigration status, and it bars retaliation.

What is the New York State sexual harassment law?

It is Executive Law § 296(1)(h), which makes harassment that creates inferior terms and conditions of employment unlawful, together with Labor Law § 201-g, which requires every employer to have a policy and give annual training.

What is the legal definition of sexual harassment under New York law?

Sexual harassment is a form of sex-based harassment. It is unlawful when it subjects someone to inferior terms, conditions or privileges of employment because of sex, whether or not it is severe or pervasive.

How long do I have to report workplace harassment in New York?

Three years with the state Division of Human Rights for acts on or after February 15, 2024. In New York City, one year with the Commission, or three years for gender-based harassment.

Is workplace bullying illegal in New York?

Not unless it is connected to a protected trait or amounts to a crime. Bullying tied to sex, race, age or disability can be unlawful harassment.

Does the New York City Human Rights Law cover freelancers?

The city law covers independent contractors, and Section 296-d of the state law makes employers liable to contractors, vendors and consultants when they knew of the conduct and failed to act.

What changed on this page

• November 12, 2026: first publication, checked against Executive Law §§ 296, 296-d and 297, Labor Law § 201-g and General Obligations Law § 5-336. Spotted a mistake? See our corrections page and editorial policy.

If this affects you

Write down dates, witnesses and what was said, and keep copies of messages. Then you can report to your employer’s complaint process, call the NYS Division of Human Rights Call Center, or contact the NYC Commission on Human Rights, which enforces the New York City Human Rights Law, if you work in the city. An employment attorney licensed in New York can explain which deadline and forum fit your facts, and the New York State Bar Association lawyer referral service can help you find one. Browse more work and pay laws on this site.