When Harassment Happens — Our Employment Lawyers Can Help
It may be that the sexual harassment you are suffering is a systemic part of the corporate culture in your workplace, we will investigate and seek to root it out at the very core by using in-depth knowledge of the law, thorough investigation and meticulous preparation. We are here to fight for your rights, your dignity and your protection by holding offending parties responsible for their illegal actions.
Victims of sexual harassment and those who have witnessed it are often worried about standing up against such illegal conduct for themselves, fearing retaliation including the termination of their employment.
Our lawyers have successfully represented men and women who have suffered through the anguish, fear, anger and disgust that sexual harassment causes. We can fight for you, too.
The New Jersey Law Against Discrimination Prohibits Workplace Sexual Harassment
The New Jersey Law Against Discrimination provides employees the right to a work environment free of discriminatory intimidation, harassment and hostility based upon their sex. If you have been the subject of unwelcomed sexual advances, requests for sexual favors and/or verbal or physical sexual conduct at work, we are here to help.
The three general forms of workplace sexual harassment are quid pro quo, hostile work environment and/or retaliation.
Quid Pro Quo Sexual Harassment
A claim of " quid pro quo" sexual harassment involves the situation when submission to harassing sexual conduct is made a term or condition of an employee's employment or when submission or rejection of harassing sexual conduct by an employee is used as a basis for employment decisions affecting that employee. In either case, the sexually harassing conduct must be unwelcomed and coercive. In order to establish a case for quid-pro-quo sexual harassment, the employee will have to establish that:
1. The employee is a member of a protected class;
2. The employee is subjected to unwelcomed sexual harassment of which members of the opposite sex were not;
3. The harassment complained of was based upon sex; and
4. The employee's reaction to the complained of harassment affected the privileges, compensation, terms or conditions of employment.
Hostile Work Environment Sexual Harassment
A claim of "hostile work environment" sexual harassment exists when an employee is subjected to sexually harassing and unwelcomed conduct, that occurs because of the employee's sex and which a reasonable person of the same sex would consider the conduct sufficiently severe or pervasive to alter the conditions of employment. The New Jersey Supreme Court has set forth the test for a hostile work environment claim as follows:
1. The complained-of conduct would not have occurred but for the employee's gender;
2. The complained-of conduct was severe or pervasive enough to make a
3. reasonable woman believe that
4. the conditions of employment are altered and the work environment is hostile or abusive.
Sexual Harassment Retaliation
In order to sustain a claim for retaliation based upon sexual harassment, an employee must have an objectively reasonable and good faith complaint about the prohibited conduct, practice or act of workplace sexual harassment and suffered a reprisal or adverse employment action as a result of making such a complaint. Under the New Jersey Law Against Discimination, it is an unlawful employment practice to take reprisals against any person because he or she has opposed an act or practice outlawed by the New Jersey Law Against Discimination.
Prompt and Confidential Response to All Queries
In you believe you have been the victim of actionable sexual harassment, feel free to give us a call to discuss the facts of your matter thoroughly and confidentially. Our law firm is prepared to respond promptly to all queries relating to sexual harassment or other employment law matters. We are here to review your case and help you understand the law, your rights and your legal options. Should you decide to retain our services, we will begin to take action immediately, starting with a full investigation, keeping you in the loop every step of the way through this troubling matter.
Please Call Today for Answers and Action
To learn more about how we can help you, please call our Shrewsbury firm at 732-935-7246 or e-mail us to schedule a consultation with an experienced attorney.
