Receiving a sexual harassment complaint in New York: a supervisor's guide
Under New York's model sexual harassment policy, a supervisor who receives a complaint, sees behavior that may be harassment or suspects it must report it to the person or office the policy designates, and must not wait for a formal complaint. Reports can be verbal. The supervisor should protect the person without penalizing them and promise discretion, not secrecy. Retaliation against anyone who reports or helps is unlawful (Executive Law § 296)12.
New York requires every employer to adopt a sexual harassment policy and train every employee yearly (Labor Law § 201-g)3. Both come down to what a supervisor says in the first five minutes after someone speaks up. This guide covers that conversation.
The supervisor's duties under the model policy
The State model policy, which most employers adopt or match, sets out three duties for supervisors and managers1:
- report any complaint they receive, any behavior they observe that may be harassment, and any harassment they suspect, to the designated person or office;
- not wait passively for a formal claim;
- accommodate the needs of the person who experienced harassment, during and after the investigation.
The model policy also provides that supervisors who knowingly allow harassment to continue face sanctions, as § 201-g requires3.
During the conversation
Listen. "Thank you for telling me. Take your time: tell me what happened, in your own words."
Get specifics, not proof. When, where, what was said or written, who saw it. A written complaint is not required: reports can be verbal and the complaint form is optional.
Be honest about confidentiality. The investigation is kept confidential to the extent possible and is fair to all parties. You can promise discretion, not silence.
Protect without penalizing. Interim measures should move the person accused, not the person who reported.
What not to say
| Instead of | Why it is a problem | Say |
|---|---|---|
| "He jokes like that with everyone, he doesn't mean anything by it." | Minimizes: under the model policy, intent such as a joke does not neutralize harassment | "Thank you for telling me. Take your time: tell me what happened, in your own words." |
| "It's all online, not in person. Is it really that bad?" | Harassment on video calls and messaging apps counts (model policy) | "Can you give me one specific example: when it was, where, and what he wrote or said exactly?" |
| "I promise this stays between us." | A supervisor must report it to the designated person | "I have to report this today to Karen Osei in HR, who will look into it. It will be kept as confidential as possible, and the law protects you from retaliation." |
| "Before I do anything, I need a written complaint from you." | Reports may be verbal; the complaint form is optional | "Did you see the text yourself? It's fine if you don't have a copy, I'm not waiting for proof to act." |
| "The simplest fix is to move you to nights." | Penalizes the person who reported: a less desirable shift is an example of retaliation | "I'll ask HR to move Greg off your unit while they look into it. You keep your day shift." |
| "Honestly, it's better if you stay out of it, for your own sake." | Discourages a witness; retaliation is unlawful (Executive Law § 296) | "If your shifts or your trainer role change after this, tell me or HR right away: that would be retaliation, and it isn't allowed." |
Witnesses and people reporting for someone else
Under the model policy, anyone who reports harassment, including on behalf of someone else, testifies, assists in an investigation or encourages a coworker to report is protected from retaliation if they acted in good faith1. Retaliation is unlawful under the New York State Human Rights Law (Executive Law § 296)2.
After the conversation
- Report it the same day to the designated person or office.
- Write down what you were told, in the person's words.
- Agree interim measures that do not penalize them.
- Watch for retaliation: changed shifts, lost duties, exclusion.
- Tell the person the report has been passed on and check the measures are working.
Employees can also go outside the company: a complaint can be filed with the NYS Division of Human Rights within three years of the most recent incident, and with the EEOC within its own deadlines14. In New York City, the City Commission on Human Rights is another forum. What the policy itself must contain is in New York sexual harassment policy.
Sexual harassment prevention in New York: receiving a report trains this conversation with an AI-simulated employee who hesitates, asks for secrecy and fears retaliation, and a coach that flags each line. It is unofficial awareness training; we do not claim it satisfies § 201-g on its own, and the completion record shows completion only.
FAQ
What must a New York supervisor do when an employee reports sexual harassment?
Report it to the person or office designated in the policy, without waiting for a formal complaint, and accommodate the needs of the person who reported.
Does a sexual harassment complaint have to be in writing in New York?
No. Under the model policy, reports can be verbal; the complaint form is optional.
Can a supervisor promise to keep a complaint secret?
No. The supervisor must report it. The investigation is kept confidential to the extent possible.
Are witnesses protected from retaliation?
Yes. Anyone who reports, testifies, assists an investigation or encourages a coworker to report is protected if acting in good faith.
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New York State, Sexual Harassment Model Policy (2023 version), accessed 2026-10-31. ↩↩↩↩
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New York Executive Law § 296 (Human Rights Law), accessed 2026-10-31. ↩↩
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New York Labor Law § 201-g (prevention of sexual harassment), accessed 2026-10-31. ↩↩
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U.S. EEOC, Time Limits for Filing a Charge, accessed 2026-10-31. ↩