Awareness of sexual harassment has increased in recent years, leading to changes in the law. However, workplace sexual harassment remains a significant issue in New Jersey and across the United States. While workplace sexual harassment is illegal under state and civil laws, many wonder if it also constitutes a criminal act. The answer is that some, but not all, cases of sexual harassment are classified as crimes. Our Paramus employment law attorney provides further explanation below.
What is Sexual Harassment in the Workplace?
The Equal Employment Opportunity Commission (EEOC) Guidelines on Discrimination Because of Sex defines sexual harassment as intentional, unwelcome, and unsolicited gestures, verbal comments, or physical contact that is sexual in nature. Sexual harassment can also include offensive remarks about a person’s sex. For instance, forcing a co-worker or employee to view sexually explicit images against their will constitutes sexual harassment.
In some instances, sexual harassment is also prohibited under Title VII of the Civil Rights Act. This Act is violated when harassment is discriminatory. For example, if a male co-worker consistently targets women or makes derogatory comments about the female sex, it constitutes sexual harassment.
When is Sexual Harassment a Crime?
Most sexual harassment cases are civil matters, allowing victims to file lawsuits against the perpetrator or employer to seek damages for the harm suffered. For example, if a toxic work environment forces someone to quit their job, they may file a lawsuit for lost income.
However, certain types of harassment rise to the level of criminal acts. Common examples include:
- Rape
- Assault and battery
- False imprisonment, through threats or physical force
- Stalking
- Child pornography
Filing a Civil Lawsuit After Criminal Charges
Even when sexual harassment is classified as a crime, victims can still file a civil lawsuit against the perpetrator or employer. For example, if someone is a victim of battery, the perpetrator could face criminal charges, potentially resulting in jail time and fines. However, a guilty verdict in a criminal case does not compensate the victim for their suffering.
To obtain compensation for their losses, victims must file a civil lawsuit. The outcome of a criminal case does not affect a civil lawsuit.
Our Employment Law Attorney in Paramus Can Help with Your Case
If you have been a victim of workplace sexual harassment, you need legal assistance. At the Law Offices of Usmaan Sleemi, our Paramus employment law attorney can help you file a civil lawsuit to hold the perpetrator and your employer accountable, ensuring you receive the full damages you are entitled to. Contact us today to schedule a consultation and get the legal help you need.
