Sexual harassment is a pervasive issue that pervades workplaces across various industries. Our firm stands at the forefront of representing employees in such cases, drawing on our wealth of experience and deep understanding of New Jersey and Federal laws to bring justice to this type of misconduct victims.
Every individual has the right to work in an environment free from any form of sexual harassment. Whether you are a woman or a man, such harassment is not only a violation of your rights but is also an affront to your dignity and self-worth. Our team of dedicated attorneys is here to protect those rights and provide legal redress when they have been violated.
Sexual harassment comes in two forms: quid pro quo and hostile work environment. Quid pro quo, Latin for “this for that,” is when a supervisor, manager, or other authority figure demands sexual favors in exchange for some benefit at work, such as promotions, raises, or simply maintaining employment. On the other hand, a hostile work environment occurs when the behavior is pervasive and severe enough to create an intimidating or offensive environment that adversely affects a person’s job performance.
For example, if a boss tells an employee they will receive a promotion only if they go on a date, this would be considered quid pro quo sexual harassment. On the other hand, if an employee is constantly subjected to explicit sexual jokes, inappropriate comments about their appearance, or unwelcome physical touching by colleagues, this could potentially constitute a hostile work environment.
It is critical to note that while women are statistically more likely to be victims of sexual harassment, men can and do also experience such misconduct. Studies have found that men may face different types of harassment or perceive certain behaviors differently, but the damage can be equally significant and severe. Therefore, our firm treats every case with the seriousness it deserves, regardless of the gender of the victim.
The New Jersey Law Against Discrimination (NJLAD) and Title VII of the Civil Rights Act of 1964 are critical pieces of legislation that protect employees from sexual harassment at the federal and state level, respectively. While both laws are similar in many ways, there are notable differences. NJLAD, for instance, applies to all employers regardless of their size, whereas Title VII applies only to employers with 15 or more employees. NJLAD also has broader definitions of who can be held liable for harassment and offers greater protection for independent contractors than federal law.
Moreover, New Jersey law tends to interpret standards of sexual harassment more expansively than federal law. For instance, while both statutes require the harassment to be severe or pervasive, New Jersey courts have historically been more willing to find that less severe conduct meets this standard compared to their federal counterparts. This means that under New Jersey law, you may have a valid sexual harassment claim even if your situation might not qualify under federal law.
However, New Jersey and federal law require prompt and appropriate action from employers once they become aware of the harassment. In other words, employers are responsible for preventing and addressing harassment when they know or reasonably should know about it. If they fail to do so, they may be held legally accountable for the harassment.
If you believe you have been a victim of sexual harassment, documenting the incidents is critical. This can include emails, text messages, voicemails, or notes about conversations or incidents. It’s also essential to report the behavior to a supervisor, HR, or another appropriate authority within the organization. Doing so not only formally brings the issue to your employer’s attention but also provides a record that you reported the harassment.
Our attorneys are well versed in handling sexual harassment claims, offering professional, compassionate, and thorough representation. We understand that coming forward with such a claim can be daunting, and we are here to guide you through each step of the process. We will carefully review your situation, explain your legal options, and strategize the best action based on your circumstances.
Nobody should ever endure sexual harassment at their workplace. When it occurs, it’s not just a personal issue but a legal matter. If you are in such a situation, we are ready to stand with you, fight for your rights, and seek the justice you deserve. Remember, you are not alone—we are here to help.
If you have been a victim of sexual harassment in the workplace, we are here to help. Contact us today to schedule a consultation with one of our experienced New Jersey employment attorneys.
