Harassment isn’t limited to office walls. It can happen during a business trip, at a work event, or through unwanted messages after hours. If that behavior affects your job or your work environment, it may violate the law. You have the right to speak up and take action.
At Morelli Law Firm, we understand how painful and isolating this experience can be. But you are not alone. We have helped victims of sexual harassment across New York and surrounding states hold their employers and harassers accountable. We are here to help you, too.
Off the Clock Doesn’t Mean Off the Hook
Many people believe harassment must happen at work to qualify as illegal. That is not true. In New York and under federal harassment law, conduct that occurs outside working hours may still count as workplace sexual harassment, especially if it affects your job, your safety, or your emotional well-being.
You Deserve a Workplace Free from Harassment and Inequality
New York’s Human Rights Law § 296 makes it illegal for any employer to allow sex-based harassment that impacts your working conditions to occur. Even if you work for a small business, these protections apply. At the federal level, the Civil Rights Act also protects workers from workplace discrimination and harassment at companies with 15 or more employees.
If your employer has failed to enforce a clear sexual harassment policy or ignored inappropriate workplace conduct, you may have grounds to file a complaint under state or federal employment law.
When Can Off-Duty Behavior Count as Sexual Harassment?
Unwelcome conduct by a supervisor, manager, or coworker may violate harassment law if it:
- Involves sexual comments, texts, photos, or advances
- Includes requests for sexual favors, whether explicit or implied
- Occurs at or after a work-related event
- Creates fear, humiliation, or intimidation
- Makes it harder for you to do your job
- Results in retaliation or disciplinary action after you speak u
The law § 292 doesn’t require the behavior to be “severe or pervasive.” Any unwelcome sexual conduct that negatively impacts your job or creates a hostile work environment could be grounds for a claim.
Real-World Examples of Off-Duty Workplace Harassment
Here are common ways that off-the-clock behavior crosses into unlawful territory:
- Inappropriate texts or social media messages sent at night
- Unwanted physical contact or advances during a team dinner or happy hour
- Harassment during a company trip or off-site retreat
- Suggestive comments made by a supervisor at your home or apartment
- Sexual jokes or remarks that carry into the workday
- Threats related to your employment after rejecting someone’s advances
Even a single incident, such as Quid Pro Quo Harassment or a sexual assault during a work trip, may support a legal claim if it affects your work environment or ability to function safely on the job.
What If It Didn’t Happen at Work?
That doesn’t mean it’s not harassment.
Off-duty conduct may be illegal if:
- You work with the harasser or must interact with them regularly
- The behavior causes fear, distraction, or stress at work
- You are retaliated against for reporting it
- The person has power over your job or career
Whether it happened in the office, at a bar, in a hotel, or on social media, what matters most is how the behavior affects your employment.
Recognizing Sexual Harassment in Any Setting
You may be experiencing workplace sexual harassment if you encounter:
- Unwelcome sexual advances or requests
- Verbal or physical conduct of a sexual nature
- Inappropriate emails, messages, or images
- Offensive jokes, gestures, or body language
- Quid Pro Quo demands that are tied to promotions, hours, or raises
- Retaliation or disciplinary action for reporting inappropriate workplace conduct
You do not need to be the direct target of harassment to report it. You are also protected if you witness or report inappropriate behavior.
What To Do After an Off-Duty Harassment Incident
Taking the right steps early can help protect you and build a strong case.
1. Document What Happened.
Write everything down, including what was said or done, who was involved, where it happened, and who saw it. Save all texts, emails, screenshots, or messages.
2. Store Evidence Safely.
Keep all records on a secure personal device, not a work computer. Back them up in a safe location.
3. Report It Internally.
Tell a supervisor or report the incident to HR if it is safe to do so. Follow your company’s policy. If the first person you tell doesn’t act, escalate to someone else. Save all communication.
4. Talk to Someone You Trust.
A friend, family member, or coworker can offer support and may be able to confirm your story if needed.
5. Speak with a Sexual Harassment Attorney.
You have rights. An attorney can guide you, protect you from retaliation, and help you pursue justice through a formal harassment claim.
Can I File a Lawsuit for Off-Duty Sexual Harassment?
Yes. If off-hours behavior affects your job, you may have a legal claim under both state and federal employment law.
You may be entitled to compensation for:
- Emotional distress and harm to your mental health
- Lost wages, missed promotions, or career damage
- Therapy or medical expenses
- Retaliation, such as demotion or wrongful termination
- Punitive damages in extreme cases
Multiple parties may be liable, including your employer, supervisor, coworker, or a third-party agency, depending on your job arrangement. You may also file a complaint through the Equal Employment Opportunity Commission or a state human rights office.
How Long Do I Have to Act?
Deadlines vary depending on where you file your harassment claim:
- New York State Division of Human Rights: 1 year
- New York City Commission on Human Rights: 1 year
- Equal Employment Opportunity Commission: 300 days
- Civil lawsuit in New York State court: up to 3 years
Act quickly to preserve your legal options. We’re Here to Help You Take Back Control.
At Morelli Law Firm, our experienced sexual assault attorneys fight for people who have been hurt, harassed, or silenced. We have recovered over $1 billion for our clients, and we are ready to fight for you.
Our firm will:
- Investigate what happened and preserve critical evidence
- Guide you through reporting, complaint filing, and legal options
- Protect you from retaliation
- Represent you in negotiations or court
- Pursue full compensation for what you’ve endured
You deserve to feel safe at work and to be heard when someone violates your trust.
Contact Morelli Law Firm for a Free Case Evaluation
If you have experienced sexual harassment outside of work that is affecting your job, contact Morelli Law Firm today. The consultation is free and confidential. You do not pay us unless we win your case.
Justice can be yours. Let us help you take the first step.
