New Jersey Sexual Harassment
Sexual harassment may take a huge toll on workers. If you are a victim of sexual harassment or gender discrimination on the job, you may suffer from mental anguish, emotional distress, anxiety, depression, loss of self-esteem, and humiliation. At Phillips & Associates, our experienced New Jersey sexual harassment attorneys can fight this form of discrimination in the workplace and may be able to represent you in a lawsuit to recover damages.Bringing a Sexual Harassment Claim
Federal and New Jersey laws prohibit sexual harassment, which is a form of sex and gender discrimination, in the workplace. Title VII is the federal law that prohibits sexual harassment. It applies to employers with 15 or more employees. If your employer is covered by Title VII, and you experience sexual harassment in the workplace, you should follow any internal procedures for reporting harassment to HR. These procedures may be found in your Employment Handbook.
The New Jersey Law Against Discrimination also prohibits sexual harassment but provides greater protection because it applies to all employers, irrespective of their size. Under this law, it is illegal for your employer to retaliate against you for either exercising your rights under this law or helping someone else exercise theirs. Employers are expected to take steps to ensure that your supervisor, coworkers, and customers or clients do not sexually harass you.
Sexual harassment may include a wide range of unwelcome sexual advances, including requests for sex, requests for dates, physical actions of a sexual nature, or explicit comments or jokes about sex. Generally, there are two types of prohibited harassment: what is known as quid pro quo harassment and what is known as hostile work environment. Our sexual harassment lawyers can help New Jersey workers determine which type of claim applies in their situation.
Quid pro quo harassment exists when an employer tries to impose, as a condition of employment, your submission to sexual advances or demands. For example, you might be led to believe that you need to tolerate sexual touching if you want to keep your job or “If you don’t go out with me it may affect your bonus (or hours, promotion, etc.)”
A hostile work environment arises if you are forced to endure sexual or abusive conduct due to your gender. While a single incident of harassment is rarely considered enough to create a hostile work environment, if it is severe, it may be enough. When conduct is pervasive enough to make a reasonable person of your gender believe that employment conditions have changed, and the working environment is hostile, a hostile work environment has been created.
Either of these types of sexual harassment may be grounds for bringing a lawsuit for damages. In New Jersey, an employer may be held strictly liable for remedies such as back pay or reinstatement when sexual harassment is committed by a supervisor. In some cases, an employer may also be held responsible for compensatory damages.Retain a Sexual Harassment Attorney in New Jersey
New Jersey is the most densely populated state in the nation and has a diverse economy. If you are sexually harassed at work, you may feel humiliated and concerned about your job. You have a right to work in a place that is free from harassment. The New Jersey sexual harassment lawyers at Phillips & Associates may be able to help you recover damages. Contact us at (609) 436-9087 or through our online form to set up a free consultation with an employment attorney. We fight sexual harassment in cities such as Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington and Camden Counties.