A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
Hostile Work Environment Sexual Harassment
The New Jersey Law Against Discrimination prohibits harassment based on protected characteristics such as race, sex or nationality. Hostile work environment sexual harassment occurs when an employee is subjected to severe or pervasive conduct that would not have occurred but for the employee’s gender. Importantly, the conduct has to be so severe or pervasive that a reasonable man or woman would believe that the conditions of employment have been altered and the working environment has become hostile or abusive. This type of case is very fact specific and courts take into consideration the totality of the circumstances.
Though the term “sexual harassment” implies that the harassment is sexual in nature, this is not always the case. Harassing conduct includes inappropriate sexual comments and touching, antagonistic behavior, and otherwise unequal treatment motivated by the employee’s sex. If the harassing conduct is sexual or sexist nature, then the harassed employee does not have to provide additional evidence to show that the conduct was motivated by his or her gender. According to the Supreme Court of New Jersey, conduct is sexual and sexist in nature if it involves sexual touchings or comments. If the conduct is seemingly gender-neutral, then the harassed employee would have to prove that it was actually motivated by his or her gender. For example, consider the case of a female bank teller who is given the additional task of cleaning the employee break room. This harassing conduct is seemingly gender-neutral, since it does not involve sexual touchings or comments. Thus, the bank teller would have to show that the conduct was motivated by her gender in order to have a hostile work environment claim. The teller could prove this if, among other things, only women were required to clean the break room and the teller’s supervisor made sexist comments about women being better suited for housekeeping chores, etc.
Once the employee shows that the conduct was motivated by his or her gender, the employee must show that the conduct was so severe or pervasive that a reasonable man or woman would believe that the conditions of employment have been altered and the working environment was hostile or abusive. To determine this, courts consider the totality of the circumstances rather than separate incidents in isolation. Conduct that might not be sufficiently severe on its own, can be considered severe or pervasive if it is obscene, frequent, physically threatening or humiliating, or whether it unreasonably interferes with an employee’s ability to perform his or her job. Courts also consider if the harassing conduct comes for a supervisor. A supervisor’s harassing conduct is more “severe” because “a supervisor [. . .] plays a unique role in shaping the work environment” and “part of a supervisor’s responsibilities is the duty to prevent, avoid, and rectify invidious harassment in the workplace.” Cahill v. Parkway Ins. Co., 2005 N.J. Super. Unpub. Lexis 370, at *19 (App. Div. Oct. 24, 2005).
Do you believe your employer has subjected you to hostile work environment sexual harassment? It’s important to act quickly to find out if you may have a claim under the New Jersey Law Against Discrimination. Since every situation is different, an experienced New Jersey employment attorney can help you fully understand your rights under the Law.
The attorneys at Hyderally & Associates are ready to help you. They have experience working with the New Jersey Law Against Discrimination, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against your employer. Call an experienced employment attorney in New Jersey at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.