NEW JERSEY SEXUAL HARASSMENT LAWYER

WHAT CONSTITUTES SEXUAL HARASSMENT AT WORK?

Unwanted touching, groping, pinching, and kissing are clear examples of sexual harassment in the workplace. However, an action need not be so overt as to constitute sexual harassment. In fact, sexual harassment does not need to involve physical action at all. On the contrary, many instances of sexual harassment involve inappropriate verbal remarks or written statements, such as jokes between co-workers, or email messages that are circulated to employees. Examples of statements or actions that could constitute sexual harassment, especially when recurring, include but are not limited to:

• Asking you out on dates, or asking for your personal phone number.
• Asking or joking about your romantic life.
• Complimenting or insulting your physical appearance, such as your body, hairstyle, makeup, or outfit.
• Displaying or circulating lewd, obscene, or pornographic imagery or content.
• Making generalizations, or stereotyping, based on your gender and/or sexual orientation.
• Making jokes or telling stories of a lewd or sexual nature.
• Offering to grant – or conversely, threatening to withhold – promotions, raises, vacation time, or other perks and rewards based on the performance of sexual favors.
• Threatening to fire you, or to spread false and malicious rumors, if you do not perform sexual favors.

It is important to emphasize that, though pervasive, male-to-female sexual harassment is not the only form harassment can take. Sexual harassment can also be directed at a man by a woman, at a man by another man, or at a woman by another woman. Further, the harasser can be physically smaller and less powerful than the victim. Similarly, though the harasser is often a person in a position of authority over the victim, such as the victim’s boss or direct supervisor, the victim may have authority over the harasser, or the parties may be co-workers with equal authority in the workplace.

Regardless of factors like whether the inappropriate conduct is heterosexual or homosexual in nature, whether the harasser is capable of physically overpowering or coercing the victim, or whether the harasser has authority or financial power over the victim, the bottom line is that sexual comments and actions in the workplace frequently constitute serious violations of state and/or federal employment laws, such as the New Jersey Law Against Discrimination (LAD). Even if you are not certain as to whether the treatment you experienced would be considered sexual harassment from a legal standpoint, or which law the harasser may have violated, we urge you to contact our law offices for a free consultation.