No one should be subject to sexual harassment in the workplace. Unfortunately, it remains a significant issue. According to data from the Pew Research Center, nearly 60 percent of women and 30 percent of men reported that they have personally experienced sexual harassment while on the job. You may be wondering: Can you sue a company for sexual harassment? The answer is ‘yes’—but there are some key things that you need to know about the laws and the claims process. In this article, our New Jersey sexual harassment lawyer provides an overview of the key things that employees should know about suing a company for sexual harassment.
What is Sexual Harassment?
The Equal Employment Opportunity Commission (EEOC) explains that there are two main categories of sexual harassment. The first is quid pro quo sexual harassment. It happens when an employee is enticed with a benefit or pressured to avoid a punishment in exchange for sexual favors. The other type of sexual harassment is hostile work environment harassment. It happens when an employee is subject to conduct of a sexual nature that is so severe or so pervasive that it would make a reasonable worker feel unsafe, unwelcome, and/or interfere with their ability to do their job.
Federal and State Laws Protect Employees Against Workplace Sexual Harassment
There are federal and state regulations that protect employees against sexual harassment in the workplace. Under federal law (Title VII of the Civil Rights Act), sexual harassment is unlawful sex discrimination. Though, notably, Title VII only applies to companies with fifteen or more workers. The New Jersey Law Against Discrimination (LAD) also bars sexual harassment. The state statute covers all employers, including those with 1 to 14 employees.
Sexual Harassment Victims May Have Both Administrative or Judicial Remedies
In New Jersey, victims of sexual harassment in the workplace may be able to bring an administrative claim and/or a judicial claim. Filing a workplace sexual harassment lawsuit is not always the most sensible first step in an employment law claim.
There are some specifics that that should be considered before filing a claim:
- An employee may file a state sexual harassment claim with the New Jersey Division on Civil Rights within 180 days of the last offending act.
- An employee may file a federal sexual harassment claim with the EEOC within 300 days of the last offending act.
- A workplace sexual harassment lawsuit must be filed within two years of the last offending act.
Whether it is best to start with the administrative employment law process or to file a lawsuit directly in court depends on several factors. A New Jersey employee rights lawyer can help you determine the best course of action.
Get Help From Our New Jersey Sexual Harassment Attorney
At the Law Offices of Usmaan Sleemi, our New Jersey employment lawyer has the skills and experience to represent individuals in sexual harassment claims. If you are considering filing a sexual harassment lawsuit against an employer, we can help. Contact us today for a free, confidential consultation. We provide employment law representation throughout New Jersey.
