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.
Sexual Harassment in Workplace
The New Jersey Law Against Discrimination prohibits harassment based on protected characteristics such as race, sex or nationality. Sexual harassment is the most common type of workplace harassment and the most misunderstood. The term “sexual harassment” includes traditional forms of sexual harassment (being forced to have sex with a supervisor in order to remain employed) and harassment based on gender stereotypes (not being given work assignments that male coworkers are getting because you are a woman). Sexual harassment is unwelcome conduct that is directed at an employee because of his or her gender.
There are two types of sexual harassments claims in New Jersey: quid pro quo and hostile work environment. The term “quid pro quo” means receiving a benefit in exchange for a favor. Therefore, quid pro quo harassment occurs when an employer or supervisor makes sexual demands in exchange for an employment benefit. A classic example of quid pro quo harassment is being promised a promotion on the condition that the employee has sex with his or her supervisor. This type of harassment occurs even if the benefit is implied or if the benefit of the sexual favor is simply not getting fired or demoted.
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. This includes inappropriate sexual comments and touching, antagonistic behavior, and otherwise unequal treatment motivated by the employee’s sex. Importantly, the conduct has to be so severe or pervasive that a reasonable person 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. The conduct has to be motivated by the employee’s gender, but is not necessarily sexual on its face. For example, in a case in which a female bank teller is given the additional task of cleaning the employee break room, while her male coworkers are not required to do so, and her supervisor makes sexist comments about women being better suited for housekeeping chores, that female bank teller is subjected to hostile work environment sexual harassment.
Do you believe your employer has subjected you to 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.