You went to work expecting to do your job, not to be degraded, threatened, or humiliated. When a supervisor, coworker, or client targets you with conduct that crosses the line, and your employer does nothing about it, the law gives you a way to push back.
Buffalo workplace harassment lawyers at Greenberg Gross LLP represent employees across Erie County and Western New York who are dealing with hostile work environments, sexual harassment, and other forms of unlawful conduct on the job. Our trial attorneys hold employers accountable when they allow harassment to persist unchecked or punish workers who speak up.
If harassment at work is affecting your career, your health, or your ability to do your job, call Greenberg Gross LLP at (716) 819-8189 for a free and confidential consultation.
Why Greenberg Gross LLP for Workplace Harassment Claims in Buffalo
Harassment claims pit employees against employers with legal departments, HR teams, and corporate resources designed to protect the company. You need a legal team that refuses to be outmatched and that has genuine trial experience to back every demand it makes.
Significant Employment Outcomes
Our attorneys have obtained a $6.1 million judgment in a whistleblower retaliation matter and a $10 million recovery in a contract dispute, along with numerous other notable results in employment cases. Prior results do not guarantee a similar outcome.
A Practice Built for Trial Readiness
Our founders left one of the world's largest law firms to build a litigation practice grounded in trial advocacy and strategic preparation. We prepare every case as though it may go before a jury, with a focus on strong witness preparation, persuasive case development, and courtroom-ready advocacy when settlement negotiations fail to produce a fair result.
Nationally Recognized
Greenberg Gross has earned recognition among the nation's leading plaintiff-side litigation firms. Our attorneys hold distinctions including Super Lawyers, ABOTA membership, and Martindale-Hubbell's AV Preeminent rating.
A Downtown Buffalo Office Connected to National Resources
Our Buffalo office is conveniently located near the Erie County Courthouse and the U.S. District Court for the Western District of New York.
Through our additional offices in Philadelphia, Boston, New Jersey, Costa Mesa, Los Angeles, Las Vegas, New York City, Newark, and Pittsburgh, we provide clients with broad litigation resources backed by a strong regional and national presence.
A Team That Takes This Personally
We started this firm because we believe workers who face unlawful treatment on the job need attorneys who fight with purpose.
Workplace harassment affects your mental health, your financial stability, and your sense of safety, and we bring that understanding to every case.
Get help evaluating your harassment claim today. Call (716) 819-8189 or (855) 255-5515 for a free, confidential conversation with a workplace harassment attorney in Buffalo.
What Counts as Workplace Harassment Under New York Law?
Not every unpleasant interaction at work rises to the level of legally actionable harassment. Under both federal and New York law, workplace harassment becomes unlawful when it targets a protected characteristic and meets a specific legal threshold.
The Legal Standard in New York
The New York State Human Rights Law (NYSHRL) sets one of the most employee-friendly harassment standards in the country. Under the NYSHRL, harassment is unlawful when it subjects an employee to inferior terms, conditions, or privileges of employment because of a protected characteristic.
New York does not require harassment to be severe or pervasive, which is the higher federal standard under Title VII of the Civil Rights Act of 1964. This means conduct that might not meet the federal threshold may still be actionable under New York State law, giving employees in Buffalo and across Western New York a stronger foundation for their claims.
Protected Characteristics
Workplace harassment may be unlawful when it targets any characteristic protected under the NYSHRL or Title VII. The NYSHRL covers a broader range of categories than federal law, including the following:
- Race, color, national origin, and ancestry
- Sex, sexual orientation, gender identity, and gender expression
- Age, disability, and predisposing genetic characteristics
- Religion, creed, marital status, and military status
- Familial status, domestic violence victim status, and arrest or conviction record in certain contexts
Harassment tied to any of these characteristics may give rise to a legal claim if it affects the terms or conditions of your employment. The breadth of New York's protections means that conduct targeting identities not covered under federal law may still be actionable under state law.
What Forms Does Workplace Harassment Take?
Harassment does not always look like explicit threats or physical contact. It often manifests through ongoing patterns of behavior that gradually erode your ability to function in your role.
Verbal and Written Harassment
Slurs, derogatory jokes, offensive comments about your identity, and degrading emails or messages directed at a protected characteristic all fall within the scope of verbal and written harassment. A single comment may support a claim under New York's standard if it is sufficiently offensive, while a pattern of lesser comments may also qualify.
Physical Harassment
Unwanted touching, blocking your movement, invading your personal space, or any form of physical intimidation tied to a protected characteristic constitutes physical harassment. When physical conduct crosses into assault, you may also have separate tort claims under New York common law.
Sexual Harassment
Sexual harassment remains one of the most common forms of workplace harassment in Buffalo and across New York. It takes two recognized forms:
- Quid pro quo harassment, where a supervisor or person in authority conditions a job benefit, such as a promotion, raise, or continued employment, on your submission to sexual demands
- Hostile work environment harassment, where unwelcome sexual conduct, comments, or behavior is severe or persistent enough to interfere with your ability to perform your job
New York law also requires employers to adopt written sexual harassment prevention policies and provide annual training to all employees. An employer's failure to maintain these programs may strengthen your claim.
Cyberbullying and Digital Harassment
Harassment through text messages, social media, workplace messaging platforms, or email targeting a protected characteristic may also support a legal claim. Digital harassment often produces a clear documentary trail that strengthens the evidentiary foundation of your case.
How Do You File a Workplace Harassment Claim in Buffalo?
Filing a workplace harassment claim involves choosing between multiple legal paths. Each option has its own deadlines, procedures, and potential remedies. You may pursue your claim through one of the following:
- New York State Division of Human Rights (DHR): The DHR enforces the New York State Human Rights Law (NYSHRL). You must file within one year of the most recent harassing act. The agency investigates complaints, may offer mediation, and can hold administrative hearings. Filing with the DHR generally waives your right to bring the same state-law claims in court, with limited exceptions.
- New York State Court: You may file a lawsuit directly in Erie County Supreme Court without going through an administrative agency. The NYSHRL allows three years from the harassing conduct. This path gives you access to a jury trial and the full range of court-ordered relief, including punitive damages.
- U.S. Equal Employment Opportunity Commission (EEOC): The EEOC handles federal harassment claims under Title VII. You generally have 300 days to file. The EEOC investigates charges and may attempt conciliation. It also maintains a work-sharing agreement with the DHR, allowing for cross-filing to help preserve both federal and state claims.
Important timing considerations apply because these deadlines run at the same time, not one after another. Missing a deadline may permanently eliminate that specific filing option. A Buffalo workplace harassment lawyer can help you choose the approach that best strengthens your case while preserving all available claims.
What Damages May Be Available in a Buffalo Workplace Harassment Case?
If your employer allowed unlawful harassment to persist or retaliated against you for reporting it, you may be entitled to several forms of recovery. The specific damages available depend on which statutes apply, the forum you choose, and the facts of your case.
Employees who prevail in workplace harassment claims in Buffalo may recover:
- Back pay for lost wages and benefits if the harassment caused you to leave your position or lose income
- Front pay for future lost earnings when returning to the same employer is not a realistic option
- Compensatory damages for emotional distress, anxiety, depression, and the personal toll the harassment has taken on your life, with no cap under the NYSHRL
- Punitive damages in cases involving especially willful or egregious employer conduct, available in court but not through the DHR
- Attorney's fees and litigation costs under applicable federal and state statutes
New York's lack of a cap on compensatory damages makes state court a particularly strong forum for harassment claims involving significant emotional harm. The right filing strategy may meaningfully affect the scope of your potential recovery.
Ask Greenberg Gross
How do I know if what I am experiencing at work is legally actionable harassment?
Workplace harassment becomes a legal matter when the conduct targets a protected characteristic and affects the terms or conditions of your employment. Under New York law, the standard is more favorable to employees than federal law, meaning conduct does not need to be severe or pervasive to be actionable. If you are unsure whether your experience qualifies, a consultation with a harassment attorney helps clarify your options.
What if my employer has an HR department and I already reported it?
Reporting to HR does not prevent you from filing a legal claim. In fact, a documented HR complaint may strengthen your case by showing that your employer was aware of the harassment and failed to take adequate corrective action. If HR dismissed your complaint or took no meaningful steps to address the conduct, that response itself may support your claim.
Can I file a harassment claim if the harasser was not my direct supervisor?
Yes. Workplace harassment claims may involve conduct by supervisors, coworkers, clients, vendors, or any other individual in the workplace. The key question is whether your employer knew or should have known about the conduct and failed to take reasonable steps to stop it. Employer liability does not require that the harasser held a management position.
What if I am afraid of retaliation for reporting harassment?
Federal and New York law both prohibit employers from retaliating against employees who report harassment, file complaints, or participate in investigations. If your employer takes materially adverse action against you after you report harassment, you may have a separate retaliation claim. Many retaliation claims produce strong evidence because the connection between the protected activity and the adverse action is often clear.
FAQs for Buffalo Workplace Harassment Lawyers
How long do I have to file a workplace harassment claim in Buffalo?
Under the NYSHRL, you have three years from the harassing conduct to file in state court, or one year to file with the DHR. Federal Title VII charges must reach the EEOC within 300 days. These deadlines overlap, so contacting an attorney promptly preserves the widest range of legal options available to you.
What evidence helps prove a workplace harassment case?
Strong harassment cases draw on emails, text messages, written complaints, performance records, and witness accounts documenting the harassing conduct. A personal log recording dates, descriptions of incidents, and the names of anyone present also strengthens your case. Your attorney works with you to gather and organize this evidence before it becomes unavailable.
How much does a workplace harassment lawyer in Buffalo cost?
Greenberg Gross LLP handles workplace harassment cases on a contingency fee basis. You pay nothing upfront, and attorney's fees come from the recovery in your case. If there is no recovery, you typically owe no attorney's fees. Your fee agreement addresses responsibility for specific litigation expenses.
Do I need to quit my job before filing a harassment claim?
No. You do not need to leave your position to consult with an attorney or file a claim. Federal and New York law protect you from retaliation for reporting harassment while still employed. Remaining in your role often preserves access to ongoing evidence and strengthens your legal position throughout the process.
What is the difference between the federal and New York standards for harassment?
Federal law under Title VII requires harassment to be severe or pervasive enough to create a hostile work environment. New York's standard under the NYSHRL is broader, requiring only that the conduct subjects you to inferior terms, conditions, or privileges of employment. This lower threshold means conduct that falls short of the federal standard may still support a claim under New York law, making state-level protections particularly valuable for employees in Buffalo and Erie County.
Connect with Buffalo Workplace Harassment Lawyers at Greenberg Gross LLP
Workplace harassment does not stop on its own. When an employer ignores your complaints or punishes you for raising them, the pattern only deepens. The law gives you the power to interrupt that pattern and hold the responsible parties accountable, but only if you act while filing deadlines are still open and evidence remains fresh.
Greenberg Gross LLP represents employees throughout Western New York and Erie County from our office at 1 Seneca Street in downtown Buffalo. We bring the full litigation capacity of a nationally recognized firm to every harassment case, and we handle every conversation with the discretion your situation requires.
Call (716) 819-8189 or (855) 255-5515 today for a free, confidential consultation. You have the right to a workplace free from harassment, and we are ready to help you defend it.