Sexual harassment is harassment that is directed at you because of your gender. It often is sexual in nature, but it does not have to be. For example, sexual harassment can include harassment that is based on stereotypes about women or men, insults or name-calling that is directed at you because of your gender, or other unwelcome behavior toward you because you are a woman or a man.
It does not matter if the person who is harassing you is a man or a woman. If he or she is doing so because of your gender, then it is sexual harassment..
Sexual HarassmentOf course, sexual harassment often is sexual in nature. For example, inappropriate comments about your body, unwelcome sexual glances or stares, inappropriate physical touching, unwanted sexual overtures, propositions or advances, sexually explicit or pornographic pictures, stories or jokes, unwelcome flirting or sexual banter or almost any other unwanted sexual behavior by a coworker or supervisor, can be part of a sexually hostile work environment.
When is Sexual Harassment Legally Actionable?Not all offensive workplace conduct based on your gender is unlawful. The harassment has to be severe (serious enough), or pervasive (frequent enough) to make your working conditions hostile or abusive. Accordingly, a sexually harassment claim can be based on one extremely severe act of harassment, such as a sexual assault at work, or a series of actions that might not be serious individually but occur frequently enough that, together, they create a hostile work environment.
Although sexually harassment often is committed by an employee’s supervisor or someone else in a position of power, harassment by a coworker also can be illegal. However, employers generally cannot be held responsible for sexual harassment committed by one of your peers or subordinates unless management is aware of the harassment and fails to stop it.
Another important consideration in sexual harassment cases is whether the company has an effective anti-harassment policy. That topic is discussed in our blog article: Jury Must Decide Whether Anti-Harassment Policy Protects Employer From Sexual Harassment Claim.
Real Help When Sexual Harassment Victims Feel Powerless and AloneThe sexual harassment attorneys at our New Jersey law firm stand strong beside victims of sexual harassment in the workplace, ensuring their rights are protected and they receive providing compassionate support. Our employment law attorneys have had significant success in pursuing sexual harassment cases. We understand the complexities of state and federal sexual harassment laws, how to investigate claims, and what is required to prove them.
If you have experienced sexual harassment at your job, or a violation of another one of your employment law rights, Rabner Baumgart Ben-Asher & Nirenberg, P.C. is here to help. We welcome you to contact one of our experienced employment lawyer. Our telephone number is (201) 777-2250.
Related Claim: Gender DiscriminationSexual harassment often is coupled with other forms of unlawful gender discrimination, such as demoting you, passing you up for a promotion or wrongfully terminating you because of your gender. Additional information is available on our gender discrimination page.
Protection Against RetaliationEmployees who complain about sexual harassment in the workplace are legally protected from retaliation. In both New Jersey and New York, it is a violation of your employment law rights for your employer to retaliate against you if you complain behavior that you reasonably believe is sexually harassment. That is true whether or not you personally were a victim of the harassment, witnessed the harassment, or merely heard about it from a coworker.
Quid Pro Quo Sexual Harassment: Nobody Should Feel Sex is a Job RequirementAnother form of sexual harassment is when your boss states or implies that sex or being in a romantic relationship is a condition of keeping your job, getting a promotion or otherwise succeeding at work. That is called “quid pro quo” sexual harassment, and it violates the law in both New York and New Jersey. No employee should be required to trade sex for career advancement!
Protecting Clients' Rights Through Vigorous Negotiation and LitigationThe sexual harassment attorneys at our New Jersey law firm champion the rights of sexual harassment victims and pursue claims in order to hold sexual harassers and their employers accountable. Victims trust our employment law attorneys to act with compassion and discretion while putting the weight and resources of the firm on your side, evening the odds against formidable employers.
New Jersey Sexual Harassment Lawyers