Phillips & Associates

Princeton Hostile Work Environment Sexual Harassment

Employment Attorneys Representing Workers in the Princeton Area

Princeton has close to 30,000 residents. It is home to employers such as Capital Healthcare, Berlitz International, Dow Jones & Company, Johnson & Johnson, Rutgers University, and Princeton University. Sexual harassment unfortunately can happen in any workplace. There are two categories of sexual harassment: quid pro quo harassment and hostile work environment harassment. The latter can be committed by anyone in the workplace: a supervisor, manager, coworker, customer, or client. If you faced hostile work environment sexual harassment on the job, you should consult the Princeton sexual harassment lawyers at Phillips & Associates.

Grounds for a Hostile Work Environment Sexual Harassment Claim

To be actionable, hostile work environment harassment must be predicated on abusive conduct that is based on a protected characteristic. Hostile work environment sexual harassment occurs when harassing actions are so severe or so pervasive in the workplace that they alter the terms and conditions of employment and render the work environment hostile and abusive. The harassing actions can include touching, groping, rape, insults, derogatory comments, slurs, pranks, innuendoes, and jokes. These can be performed by either sex. The victim may also be of either sex.

All employers in Princeton should have anti-harassment policies and rules to foster a workplace free of sexual harassment and to allow employees to report their grievances so that future harassing conduct can be prevented and corrective steps can be taken. Unfortunately, not all employers respond appropriately to a hostile work environment claim. If you have been a victim of harassing conduct, you should let the harasser know that the conduct is unwelcome. You should also report it according to the grievance procedures that are set forth in your employment manual. If there are no procedures set out, you should report the harassment to HR both verbally and in writing.

Differences Between Federal and State Laws

Both Title VII and the New Jersey Law Against Discrimination (NJLAD) prohibit hostile work environment sexual harassment. In most cases, the NJLAD provides greater protection than Title VII does. It applies to all employers, instead of just those with a minimum of 15 employees. There are nuances under federal and state laws, and among these nuances are those found in case law. Conduct must be severe or pervasive enough for you to subjectively believe that the environment has been made hostile and for a reasonable person other than yourself to also believe that. However, what this means can vary under Title VII and NJLAD case law, and it is important to consult an experienced attorney about your specific situation.

Under New Jersey law, the court will look at whether a reasonable person would be offended by the conduct about which you are complaining. When there is a pattern of behavior, it is more likely that you will be able to prove a hostile work environment. It can be more challenging to establish a hostile work environment based on a single or only a couple of incidents because in that case, the conduct must be fairly severe to be actionable. A New Jersey court has stated that it would be a rare and extreme case in which a single episode would be so severe that it would, from a reasonable person’s perspective, render the working environment hostile. In one New Jersey case, a woman was terminated after her supervisor made sexist comments about a group of women customers and also used an obscene slur, but the remark was not directed at the plaintiff and was not repeated. This was not considered severe enough to create a hostile work environment. On the other hand, the test for a hostile work environment was met when a plaintiff's supervisor lifted up her shirt to expose her bra strap, grabbed other women employees in her presence, made sexually offensive remarks, and told her to use her sexuality to persuade a new boss to do something.

Consult an Experienced Sexual Harassment Lawyer in the Princeton Area

If you have faced hostile work environment sexual harassment on the job, the Princeton attorneys at Phillips & Associates are ready to offer aggressive, experienced representation. Contact us at (609) 722-7315 or via our online form for a free appointment to discuss your case.

PHILLIPS & ASSOCIATES
100 Overlook Center, 2nd Floor
Princeton, NJ 08540
Tel: 609-722-7315

Managing Partner in New Jersey - Bryan Arce

Client Reviews
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I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
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I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana
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They were articulate, compassionate, persistent, and they wrote superbly. I felt as if they were truly in my corner, and I have recommended them to others. Susan
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Mr. Phillips' law firm is dedicated to providing excellent service. Your case is explained step by step. All questions and concerns are addressed promptly and accurately. I am extremely satisfied and highly recommend Mr. Phillips. Ingrit
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They are the best... I am so grateful to them for their help and support... and I wish them the best... special thanks to Mr. Ed Kennedy and Mr. Phillips. Karim
★★★★★
I highly recommend Phillips & Associates for sexual harassment and discrimination matters. They have a great staff of attorneys who are very professional and personable. They care about their clients and are knowledgeable in the law. Milana