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Harassment
unwanted sexual conduct should not be tolerated
Dealing with unwanted sexual conduct should not be a part of your work environment. Sexual harassment can make the workplace feel highly uncomfortable and unsafe for any employee who is sexually harassed. This feeling can be heightened if an employee believes their ability to advance in the company is based on their sexual behavior. If you or a family member was a victim of sexual harassment in the workplace, you should consult with an experienced Essex County sexual harassment lawyer today.
The Law Offices of Usmaan Sleemi is ready to fight for you against an employer that allows sexual harassment to pervade its company. No employee should dread coming to work because they know they will be mistreated. To schedule a free and confidential consultation about sexual harassment at work in Essex County, call 973-866-9415, or contact us online today.
WHAT IS SEXUAL HARASSMENT AT WORK?
Sexual harassment is against the law, whether a woman or a man is being sexually harassed. In New Jersey, sexual harassment can occur during the application process for a job or while a company employs you. Under both New Jersey law and federal laws like Title VII of the Civil Rights Act, employers are required to provide a workplace free from harassment and discrimination. New Jersey employees are protected whether they work full-time, part-time, or are in the middle of the hiring process.
Sexual harassment can take several different forms. One way that you may experience sexual harassment is by being subjected to jokes that are sexually suggestive. These comments are typically unwanted and are used to embarrass or humiliate an employee. Many employees do not realize that harassment of a sexual nature, including unwanted sexual advances, unwelcome sexual advances, and unwanted touching, can all be grounds for a legal claim. When a supervisor or coworker makes demands of a sexual nature, such as attempts to demand sexual favors in exchange for job benefits, this is known as quid pro quo harassment. Quid pro quo is one of the most serious forms of workplace sexual harassment that Essex County employees may face. Other actions that can trigger a sexual harassment claim include:
- Repeatedly asking an employee out for a date or requesting sexual favors
- Unwanted sexual contact with an employee (such as hugging, kissing, touching)
- Making sexual comments about the employee or regarding the employee’s body
- Asking invasive questions about an employee’s sexual activity
- Posting sexually explicit material in public areas of the workplace or at an employee’s workspace
- Offering an employee a promotion in exchange for a sexual act, or withholding employee benefits because they did not comply with a sexual request
- Asking sexually suggestive questions during the hiring process
Under certain circumstances, a sexual harassment lawsuit may be initiated after just one of the acts mentioned above occurs.
A hostile work environment is another common form of workplace harassment. A hostile work environment exists when repeated conduct of a sexual nature makes it difficult or impossible for an employee to do their job. Hostile work environment harassment can include offensive jokes, unwanted sexual advances, sexual advances that are ignored by management, or comments about a person’s sexual orientation. Many workers are surprised to learn that hostile work environment claims are fully recognized under both state and federal laws in New Jersey.
In addition to your employer being unable to harass you sexually, an employer must also ensure that you do not face sexual harassment from other employees, and even clients of the company. An employer must protect you from instances of sexual harassment, whether you are employed as a full-time or part-time employee. If you need to know more about filing a workplace sexual harassment claim, you should speak with an experienced New Jersey sexual harassment lawyer for assistance.
HOW TO FILE A SEXUAL HARASSMENT LAWSUIT IN NJ
Prior to filing a sexual harassment lawsuit, you should first try to resolve the issue. You should inform the employer who is committing the harassment that their sexual approaches are unwanted. If a coworker is subjecting you to sexual harassment, you should speak with a supervisor or a human relations (HR) employee who is qualified to handle the situation. An employer cannot resolve a sexual harassment issue that they do not know about. However, if the employer refuses and does not take steps to rectify the problem, you may wish to consider filing a lawsuit. Unlawful conduct that goes unaddressed can have devastating consequences for your career, mental health, and overall well-being.
If you wish to file a sexual harassment lawsuit, you should act as quickly as possible. In New Jersey, workplace sexual harassment lawsuits must be filed within two years of the sexual act that triggered the claim. The reason for this is the statute of limitations. The statute of limitations dictates the amount of time an individual has to file a particular type of lawsuit. If you do not file your harassment claim within two years of the harassment incident, there is a possibility that the court may bar your claim. Speaking with New Jersey employment lawyers as soon as possible after an incident gives you the best chance of preserving your legal rights and building a strong case.
You should not fear any reprisal from an employer for filing a sexual harassment claim. New Jersey’s Law Against Discrimination (LAD) makes it illegal for employers to retaliate against individuals who report harassment or discrimination at work. Retaliation can include wrongful termination, unlawful termination, demotion, or other negative changes to your employment. This law also covers any person who assists you in making a claim. An experienced Essex County employment lawyer can help hold employers accountable and protect you throughout the entire process.
If the employee wins their sexual harassment case, there are a number of legal remedies that they could be awarded. For example, the victim of harassment could be awarded the position that they were illegally denied. Additionally, the victim could receive damages for pain and suffering and emotional distress. In some cases, it may also be possible to recover damages for lost wages, compensation for other financial losses, and punitive damages if the employer’s conduct was especially harmful.
Frequently Asked Questions About Sexual Harassment in New Jersey
What is the difference between quid pro quo harassment and a hostile work environment?
Quid pro quo harassment happens when someone in a position of power ties job benefits to sexual favors. For example, a manager might promise a promotion if an employee complies with sexual advances or threaten negative consequences if they refuse. A hostile work environment, on the other hand, involves repeated conduct that is sexually motivated and makes the workplace unbearable. Both are serious forms of workplace discrimination and are illegal under New Jersey law. New Jersey employers have a legal duty to prevent and address both types of harassment.
Can I file a sexual harassment claim if I work in West Orange, East Orange, or another part of Essex County?
Yes. Essex County employees across all cities and towns, including West Orange, East Orange, and Union County, are protected under New Jersey law and federal laws. Whether you work in a small office or a large corporation, the same protections apply. Essex County employment lawyers and New Jersey sexual harassment lawyers who practice employment law can help you understand your legal options no matter where in the county you work.
What should I do if my employer refuses to take my complaint seriously?
If your employer refuses to act after you report harassment, do not wait. Many workers feel stuck, but there are clear legal steps you can take. Document everything, including dates, what was said or done, and any witnesses. Then contact New Jersey employment lawyers or Essex County employment lawyers with extensive experience in employment cases. A skilled employment lawyer or employment attorney can evaluate your situation, explain your legal rights, and help you pursue justice through the proper channels. Protecting employees from unlawful conduct is a core function of employment law in New Jersey, and you do not have to face this alone.
ESSEX COUNTY WORKPLACE SEXUAL HARASSMENT ATTORNEY FOR EMPLOYEES
If you or a family member was the victim of sexual harassment at the workplace, you should speak with an experienced Essex County sexual harassment attorney today. At the Law Offices of Usmaan Sleemi, we understand the difficulty of working in an environment where your employer or coworkers do not show you the respect that you deserve, and we are here to fight for you. Our law firm also handles related employment matters, including workplace discrimination, wage and hour violations, and wrongful termination claims for New Jersey workers. As sexual harassment attorneys and employment attorneys, we are committed to protecting employees and helping New Jersey employees recover damages when their rights have been violated.
To schedule a free consultation, call us at 973-866-9415 or contact us online.