New York's workplace sexual harassment complaint form: how to fill it in, and what to keep alongside it

In New York State, every employer must adopt a sexual harassment prevention policy that includes a complaint form. You are encouraged, but not required, to use it, and you can report verbally instead. The state's model form asks for the person involved, what happened, the dates, whether it is continuing, witnesses, and anyone you already told. Filling it in from dated notes, and keeping a copy, makes the next steps easier. This guide covers the New York State process; the NYC Commission on Human Rights is a separate, local agency.

Why New York employers must give you a complaint form

New York State Labor Law requires every employer to adopt a policy that meets minimum standards and includes a complaint form, and the state requires annual training for every employee. Employers must give each employee the policy in writing when they are hired and at each annual training. Your employer's form may look different from the state's model, so look in your handbook, intranet, or training materials, or ask HR for it. The state says the Human Rights Law applies to all employers in New York, whatever their size. If you never received a policy or training, the state says you can complain to the New York State Department of Labor.

What the model complaint form asks for

• Your name, work address, job title, contact details, and preferred way to be contacted.
• Your immediate supervisor's name and title.
• The person the complaint is about: name, title, and relationship to you (supervisor, supervisee, coworker, or other).
• A description of what happened, with as many details as possible, and any relevant documents.
• The date or dates, and whether it is continuing.
• Names and contact information of witnesses or others who may have information.
• Optional: whether you previously told anyone about related incidents, and when and to whom.

If you prefer to report verbally, the model form says your employer should complete the form, give you a copy, and investigate under its policy.

Filling it in from your notes: a fictional example

This example is made up. Each answer comes from a note written the same day, and the wording sticks to what was said and done:

Quote exact words where you remember them, and say so when you are paraphrasing. Attach copies, not originals, of messages such as the text above. For keeping smaller incidents in order, see how to document microaggressions at work.

Keep a copy, and the date you handed it in

Before you submit, photograph or copy the completed form. Then note the date, who received it, and how (email, in person, or an online system). The model form describes the employer's investigation as speaking with you, with the person complained about, and with witnesses, and reviewing documents, promptly and confidentially to the extent possible, then telling both sides the outcome. Add a dated entry each time you hear something, or when a promised step doesn't happen. The state says the Human Rights Law prohibits retaliation for an internal complaint, so note any change at work after you submit, with its date.

If nothing happens: the Division of Human Rights route and its clock

You can also report to the New York State Division of Human Rights (DHR), at the same time as an internal complaint or afterward, or directly if your employer is the person harassing you. For workplace sexual harassment, DHR says you have three years from the most recent incident to file a report. You can report through DHR's call center or its online form; it is free and you don't need an attorney. DHR then reviews whether the Human Rights Law covers what you reported and, if it does, helps you file an official complaint. It says investigations take at least several months. Have your dates and the other person's legal name ready. Physical assault is a crime, and the state says people who want to pursue criminal charges should contact the local police.

Facts on one side, feelings on the other

Keep what you saw and heard on the form, and how it affected you in your own notes. Both matter, but the form works best with dates and exact words. For a same-day note format, see how to document workplace incidents. Kirokune keeps your original notes in one case on your iPhone, and a photo of the submitted form can sit in the same case. Kirokune doesn't sync or keep its own cloud copy; if iPhone backup (iCloud or a computer) is on, your records are included in it. The free version includes one case with unlimited records and needs no account. Kirokune does not decide what happened or give legal advice.

Frequently asked questions

Do I have to use my employer's sexual harassment complaint form in New York?

No. The model form says you are encouraged, but not required, to use it. If you report verbally or another way, your employer should complete the form, give you a copy, and follow its policy.

How long do I have to report workplace sexual harassment to the New York State Division of Human Rights?

DHR says you have three years from the date of the most recent incident to file a report for workplace sexual harassment. You can report through its call center or online form, at no cost.

Does the New York complaint form requirement apply to small employers?

The state says every employer in New York State must adopt a sexual harassment prevention policy with a complaint form, and that the Human Rights Law applies to all employers regardless of the number of employees.

Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.