Community Corner
‘I Wish I Had Called Sooner’: What Harassment Clients Say
The Syracuse attorney on why people delay reporting harassment, and the New York deadline that is longer than most assume.
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Megan Thomas says she hears the same sentence from almost every client, usually somewhere in the first conversation.
“I wish I had called sooner.”
Thomas is the Syracuse employment attorney behind Megan Thomas Law, PLLC, and a regular voice in national coverage of harassment cases. Reporters tend to ask her a version of the same question every time allegations surface against a well-known figure. Why did the person wait so long to say anything?
Her answer has been consistent. Delayed disclosure is common when the person accused holds power, and the barriers are rarely legal ones. Status, fame, and public admiration all protect perpetrators. Moreover, many survivors take time to process trauma. That can delay reporting. Many survivors also carry shame that keeps them from coming forward.
What she points out, and what tends to get lost in the celebrity framing, is that none of those dynamics require a famous defendant. They show up in an accounting office in Liverpool, a hospital in Rochester, and a warehouse outside Albany, for the same reasons.
The person in question controls your schedule, your reviews, or your next promotion. Other people like them. You are not certain anyone will take your side. So you wait, and the longer you wait, the harder it becomes to explain why you waited.
Thomas says that logic is backwards, and that New York law gives victims time to come forward. For survivors, it is crucial to pay attention to these statutes of limitations.
A complaint with the New York State Division of Human Rights carries a three-year deadline, extended from one year to three in February 2024. A federal charge with the Equal Employment Opportunity Commission generally has to be filed within 300 days in New York. Three years is a long time, but it goes by quickly.
The other thing worth knowing is where New York sets the line for harassment in the first place. Since 2019, state law has not required conduct to be severe or pervasive, which is the federal standard. The question is whether you were subjected to inferior terms, conditions, or privileges of employment because of a protected characteristic. In New York, behavior that is more than apetty slight or a trivial inconvenience can constitute sexual harassment.
Put plainly, you do not have to wait until it becomes unbearable before it counts.
“Most of my clients come to me long after that line was crossed,” Thomas has written.
“You should talk to a lawyer while it still feels small,” she added. “That is actually the best time, because your options are wider and your paper trail is fresher. In addition, it can minimize pain and trauma. Your mental health and physical safety are the most important things here.”
For anyone weighing whether to say something, her practical advice is short. Write things down as they happen, including dates, times, what was said, and who else was present. Keep those records on a personal device rather than a work account, and take screenshots instead of forwarding anything from a company email address. Of course, check your organization’s policies to ensure these practices do not violate any internal policies.
And talk to a lawyer before filing anything with a government agency if you are not close to a statute of limitations. Thomas says that is the step people sometimes skip, thinking they can save themselves money, and it causes damage to their case.
“People file on their own because they want it handled and they want it over with,” she said. “Then they come to me months later, and the complaint locked them into a version of events that leaves out the strongest part of their case. I charge a percentage of what we get for them regardless of whether we filed with an administrative agency. So it isn’t as if they saved money by filing on their own.”
About Megan Thomas Law, PLLC
Megan Thomas Law, PLLC is a Syracuse-based law firm representing employees in sexual harassment, discrimination, hostile work environment, and retaliation matters, and survivors in sexual abuse claims. Megan Thomas founded the firm after experiencing harassment in her own career and is a frequent commentator on workplace harassment law in national and local media. The firm serves clients throughout Central New York and statewide, including Rochester, Buffalo, and Albany. Consultations are free and confidential.
To learn more, visit mkt-law.com.
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