Harassment and Discrimination Agencies

Sexual Harassment

Sexual harassment is illegal under federal law. The United States made harassment, discrimination, and retaliation illegal under the Title VII of the Civil Rights Act of 1964 (42 United States Code Section 2000e et seq).

How does federal law define harassment?

Harassment is unwelcome conduct on the basis of sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature. It can also include offensive remarks about a person’s sex, for example, making denigrating comments about women generally.

Gender does not determine who can be a harasser, or a victim. Both the victim and the harasser can be of any gender, as well as the same gender.

Remedies under federal law with the US Equal Employment Opportunity Commission (EEOC):

• Hiring

• Back pay and benefits

• Attorneys’ fees, expert witness fees, court costs

• Compensatory and punitive damages

• Injunctive relief (an employer will be required to stop any discriminatory practices and take steps to prevent discrimination in the future)

An individual can file a complaint with the EEOC anytime within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

You do not need to have an attorney to file. A complaint must be filed with the EEOC before you can file in federal court. If you experience sexual harassment, you can file a Charge of Discrimination: www.eeoc.gov/filing-charge-discrimination.

Sexual Harassment

Sexual harassment is illegal under federal law, New York State Law and New York City Law. The United States made harassment, discrimination, and retaliation illegal under the Title VII of the Civil Rights Act of 1964 (42 United States Code Section 2000e et seq). These actions are also prohibited under The New York State Human Rights Law and The New York City Human Rights Law (Title 8 of the Administrative Code of the City of New York).

How does New York State define harassment?

Sexually harassing conduct can consist of unwanted verbal or physical sexual advances, sexually explicit statements, or discriminatory remarks that are offensive or objectionable to the recipient.

How does New York City define harassment?

Sexual harassment, a form of gender-based discrimination, is unwelcome verbal or physical behavior based on a person’s gender.

The following is a partial list of prohibited behavior:

Unwelcome or inappropriate touching;

Threatening or engaging in adverse action after someone refuses a sexual advance;

Making lewd or sexual comments about an individual’s appearance, body, or style of dress;

Conditioning promotions or other opportunities on sexual favors;

Displaying pornographic images, cartoons, or graffiti on computers, emails, cell phones, bulletin boards, etc; and,

Making sexist remarks or derogatory comments based on gender.

New York State Remedies and Reporting:

A complaint alleging violation of the Human Rights Law may be filed either with the NY State Division of Human Rights (www.dhr.ny.gov) or with the NYS Supreme Court. Complaints may be filed with DHR any time within three years of the alleged discrimination. You do not need an attorney to file.

New York City Remedies and Reporting:

Under NYC law, employers who show negligence, recklessness, or a conscious disregard of your rights may have to pay punitive damages. You can report gender-based harassment to the NYC Commission on Human Rights within three years from the time of the alleged harassment. You do not need an attorney to file. Call (212) 416-0197 or fill out an online inquiry form: https://www.nyc.gov/site/cchr/about/report-discrimination.page.

Sexual Harassment

Sexual harassment is illegal under both federal law and California law. The United States made harassment, discrimination and retaliation illegal under Title VII of the Civil Rights Act of 1964 (42 United States Code Section 2000e et seq). These actions are also prohibited under California’s Fair Employment and Housing Act (Sections 12900 through 12996; California Code of Regulations, Title 2, Sections 11000 through 11141).

How does California define harassment?

State regulations define sexual harassment as unwanted sexual advances or visual, verbal, or physical conduct of a sexual nature (FEHA). Sexual harassment is a form of discrimination based on sex/gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, or sexual orientation.

Individuals of any gender can be a target of sexual harassment. Unlawful sexual harassment does not have to be motivated by sexual desire. Sexual harassment may involve harassment of a person of the same gender as the harasser, regardless of either person’s sexual orientation or gender identity.

The following is a partial list of prohibited behavior:

Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures.

Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual.

Physical conduct: touching, assault, impeding or blocking movements.

Offering employment benefits in exchange for sexual favors.

Making or threatening retaliatory action after receiving a negative response to sexual advances.

California Remedies and Reporting

Remedies for sexual harassment may include: hiring; front pay; back pay; promotion; reinstatement; cease-and-desist orders; expert witness fees; reasonable attorney’s fees and costs; punitive damages; and emotional distress damages.

Job applicants, unpaid interns, and employees: If they believe they experienced discrimination or harassment, they may file a complaint with the California Department of Fair Employment and Housing (DFEH).

Independent contractors and volunteers: If they believe they have been harassed, they may file a complaint with DFEH.

Complaints must be filed within one year of the last act of discrimination/harassment. For victims under the age of 18, not later than one year after the victim’s eighteenth birthday. Visit the California Civil Rights Department Department website: https://calcivilrights.ca.gov/complaintprocess/?content=fileComplaint#fileComplaintBody, or contact the Department at 800-884-1684 (voice), 800-700-2320 (TTY) or California's Relay Service at 711. You can also file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC): www.eeoc.gov/filing-charge-discrimination.

Sexual Harassment

Sexual harassment is illegal under both federal law and Connecticut Law. The United States made harassment, discrimination, and retaliation illegal under the Title VII of the Civil Rights Act of 1964 (42 United States Code Section 2000e et seq). These actions are also prohibited under the Connecticut Discriminatory Employment Practices Act (Section 46a-60 (a) (8) of the Connecticut General Statutes).

How does Connecticut define harassment?

Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or,

Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Connecticut Remedies and Reporting

Human Rights Referees are authorized to award damages necessary to eliminate the discriminatory practice and make complainants whole, which can include:

Front pay and/or back pay

Attorneys’ fees

Costs of bringing the action

Cease and desist orders

Pre- and post-judgment interest

Damages for emotional distress

Punitive damages (if the case is tried in court)

Complaints may be filed with the Connecticut Commission on Human Rights and Opportunities (CHRO) or with the EEOC. If the harassment occurred prior to October 1, 2019, you have 180 days to file a complaint with the CHRO. If the harassment occurred after October 1, 2019, you have 300 days to file.

Sexual Harassment

Sexual harassment is illegal under both federal law and Illinois Law. The United States made harassment, discrimination, and retaliation illegal under the Title VII of the Civil Rights Act of 1964 (42 United States Code Section 2000e et seq). These actions are also prohibited under the Illinois Human Rights Act, which makes it a civil rights violation “[f]or any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment.” 775 ILCS 5/2-102(D).

How does Illinois define harassment?

Under the Illinois Human Rights Act, “Sexual harassment” means any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or,

Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Illinois Remedies and Reporting

Remedies may include: back pay, lost benefits, clearing of a personnel file, damages, hiring, promotion, reinstatement, front pay where reinstatement is not possible, and attorney’s fees and costs.

Workers in Illinois can report sexual harassment to the State of Illinois Sexual Harassment and Discrimination Helpline for assistance. Calls are confidential and can be made anonymously. Call: 1-877-236-7703 or visit https://shdh.illinois.gov/. Helpline representatives can help callers navigate their numerous reporting options and share additional information related to counseling, legal assistance, and frequently asked questions.

The Illinois Department of Human Rights (IDHR) is a state agency responsible for enforcing the Illinois Human Rights Act, the state law which makes it illegal to engage in sexual harassment or retaliation.

Complainants (victims of sexual harassment) may file a charge at any time within 300 days of the incident(s). IDHR has jurisdiction (authority) to investigate employers who have 1 or more employees. To file a charge, call IDHR or visit them online: 1-800-662-3942 | https://dhr.illinois.gov/

Sexual Harassment

Sexual harassment is illegal under both federal law and Maine Law. The United States made harassment, discrimination, and retaliation illegal under the Title VII of the Civil Rights Act of 1964 (42 United States Code Section 2000e et seq). These actions are also prohibited under Title V of the Maine Human Rights Act.

How does Maine define harassment?

Sexual harassment is a form of sex discrimination that violates the Maine Human Rights Act. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Maine Remedies and Reporting:

A complaint alleging sexual harassment may be submitted to the Maine Human Rights Commission at any time within 300 days of the alleged discriminatory incident. It is not required that another procedures be utilized first or in any sequence, nor is it required that any procedure be exhausted before the other is used.

For more information or to make a complaint, visit the Maine Human Rights Commission at https://www.maine.gov/mhrc/file. You can also contact the Commission at (207)624-6290, the State EEO Coordinator at (207) 287-4651, or Maine Relay 711 (TTY).

Protection against Retaliation

Any form of retaliatory action or threat or suggestion of retaliation by either employees or supervisors against any person filing a discrimination complaint or assisting in an investigation is a violation of Maine law. Any discriminatory action against any individual because the individual has opposed a practice that would be a violation of the Maine Human Rights Act, Title VII, the Americans with Disabilities Act, or the Age Discrimination in Employment Act or because the individual has made a charge, testified or assisted in any investigation, proceeding or hearing under the Maine Human Rights Act, Title VII, the Americans with Disabilities Act or the Age Discrimination in Employment Act is illegal.

A complainant is protected from retaliation regardless of the merits of the original complaint. Retaliation should be reported in the same manner as described above for complaints of harassment and will be promptly investigated. Such retaliatory conduct will be grounds for disciplinary action.