SEXUAL HARASSMENT IN NJ
Sexual harassment is a kind of gender-based discrimination or discrimination on the basis of sexual preference. This is the most common form of harassment in the workplace, and it is not limited only to female workers. Sexual harassment in New Jersey affects both genders and all sexual orientations alike.
Hostile Work Environment Harassment in NJ
There are two forms of workplace sexual harassment: hostile work environment harassment and quid pro quo sexual harassment. This happens when the employee is exposed to “pervasive” or “severe” behavior that would make another reasonable person of similar gender or sexual preference feel intimidated or humiliated, in such a way as to alter the terms and conditions of employment.
For any hostile work environment claim, there should be the prevailing theme of notions of unsolicited conduct. For instance, the following actions are indicators of sexual harassment in the form of hostile work environment:
- Lewd comments or those of a sexual nature
- Solicitation for sexual relations
- Undesired sexual advances
- Unwelcomed contact/touching
- Workplaces with sexually explicit material
In addition, NJ sexual harassment becomes actionable even when it stems from others’ perception of one employee’s sexual orientation (i.e., it is illegal to harass another employee on the assumption that the employee is homosexual, whether the assumption is true or not.)
While most harassment complaints are sexually based, this is not necessarily true for every case. It also includes behavior and/or actions resulting from gender-based stereotyping, chauvinism, gender bias or any other actions taken just because you’re a man or a woman. All behavior/actions that are especially offensive to one gender, or directed at an employee because of their gender, constitute as hostile work environment harassment in New Jersey.
Quid Pro Quo Sexual Harassment in NJ
This form of sexual harassment occurs when an employer, supervisor or other form of authority explicitly or implicitly states that certain terms of employment are pegged on a subordinate employee’s response to sexual demands or advances.
For instance, you may have a valid quid pro quo harassment claim if your employer or boss makes you feel like you must submit to their sexual demands to get a raise or promotion, keep your job or avoid demotions, disciplinary action or other negative actions. This applies to both male and female authority persons in the workplace.
New Jersey Sexual Harassment Attorney
Both state and federal laws protect all employees from enduring indignity, stress and embarrassment following inappropriate sexual conduct or gender-based discrimination within the workplace.
If you have been subjected to sexual harassment in your place of work, you need to obtain counsel from an experienced sexual harassment attorney at The Law Office of Benjamin Friedman. As with all matters of law, it’s important to have a legal and objective mind evaluating the facts of your case outside of emotion to determine whether you have an actionable claim.
It is your right to work in a safe and pleasant environment free of any harassment, so do not be afraid of enforcing your given rights. Contact our sexual harassment attorneys in New Jersey today!