How to Prove Discrimination, Sexual Harassment

Creating Awareness During Sexual Assault Awareness Month

April 02, 2026

author bio pic of Wills  Ladd

Written by Wills Ladd

Brought to you by Filippatos Employment Law, Litigation & ADR

April is Sexual Assault Awareness Month, or SAAM — a time to reflect on one of the most persistent forms of discrimination in the workplace. Whether you work in a corporate office, a healthcare facility, or a small business, sexual harassment in the workplace can happen to anyone in any context. Knowing how to spot it, and understanding when your workplace crosses a legal line, can be the difference between silence and justice. We aim for this blog entry to be a fundamental guide in how to identify and call out sexual harassment in your environment.

How Do I Spot Sexual Harassment?

Sexual harassment takes many forms, and not all of them are obvious. According to the National Sexual Violence Resource Center, 1 in 4 women report completed or attempted rape within their lifetime, and 14% of men report experiencing sexual harassment at work — yet over 85% never file a formal legal charge. That gap exists, in part, because many employees don’t recognize what they’re experiencing as harassment.

There are two primary legal categories. The first is quid pro quo sexual harassment, where a manager, supervisor, or executive conditions a job benefit —such as a promotion, a raise, continued employment — on the acceptance of unwanted sexual conduct. For example, a manager may tell an employee that they can receive a promotion or raise by giving them a kiss on the cheek, without further context. The phrase quid pro quo means “this for that,” and power disparity is at its core: sexual harassment by managers, supervisors, and by executives almost always involves an abuse of authority.

The second category is the hostile workplace environment. This occurs when unwelcome conduct — comments, gestures, images, or physical contact — is severe or pervasive enough to make the workplace intimidating or abusive. A single severe incident or repeated hostile treatment can both qualify. The hostile work environment can be created by supervisors, managers, co-workers, or customers. Employers may be responsible for the sexual harassment committed by any of these people if the employer does not take steps to stop the harassment once the employer becomes aware of it.

When Does a Workplace Become a Hostile Work Environment?

Not every uncomfortable interaction rises to the level of a hostile workplace. Courts look at the frequency, severity, and impact of the conduct on your ability to do your job. Discriminatory behavior rooted in sex, gender, or another protected characteristic that interferes with your work performance is a key threshold.

Our earlier blog post, How Can I Be Sure My Workplace Is Hostile?, walks through the specific legal indicators in detail — including how management’s failure to act can itself be evidence of a deeper problem.

What Should You Do?

If you believe you are experiencing sexual harassment in the workplace, your first steps matter. 

  • Document every incident — dates, times, witnesses, and any written communications. 
  • Report the conduct through your employer’s internal channels if it is safe to do so. 
  • Preserving a clear record early strengthens any future lawsuits or settlements significantly.

Fear of retaliation keeps many workers silent. But retaliation for reporting harassment is itself illegal, and it can form the basis of an independent legal claim.

Our previous blog post, How to Pursue a Sexual Harassment Claim, outlines the full process — from internal reporting to filing with the EEOC and working with legal counsel.

Call a New York Employment Law Attorney Now

Sexual harassment is a form of discrimination in the workplace, and New York law provides some of the strongest worker protections in the country. A knowledgeable New York sexual harassment lawyer can evaluate your situation, advise you on your options, and help you pursue the remedies you deserve — including through lawsuits and settlements. This awareness month, know that you do not have to navigate this alone. If you or someone you know is experiencing sexual harassment or a hostile work environment, contact Filippatos PLLC at 888-9-JOBLAW for a free consultation.