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Who can be a target of sexual harassment? Sexual harassment can occur between any individuals, regardless of their sex or gender: New York Law protects. empioyees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace . Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor. . Where can sexual harassment occur? Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours. Retaliation Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours). Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has: © made a complaint of sexual harassment, either internally or with any anti-discrimination agency; * testified or assisted ina proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law; * opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment: * reported that another employee has been sexually harassed: or encouraged a fellow employee to report harassment. Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. | However, the retaliation provision is not intended to protect persons making intention ally false charges of harassment. Page 4 of 8 i