Sexual Harassment Lawyers
Sexual harassment is a form of workplace discrimination and like all other types of workplace discrimination, it can have far-reaching financial and emotional consequences for the victim. These claims are complex.
To determine whether you have faced unlawful sexual harassment in your workplace, you need to fully understand the range of actions that might constitute unlawful sexual harassment as well as the rights that you have in order to prevent such harassment from continuing and going undeterred.
It is also important to understand related topics, like your rights when you file a sexual harassment claim, how to file a sexual harassment claim, and how to handle retaliation from your employer for filing a sexual harassment claim.
Get Help From a New Jersey Sexual Harassment Lawyer
At Console Mattiacci Law, LLC, we represent sexual harassment victims seeking compensation for the damages they’ve suffered and seeking to make sure that their employer does not treat others in that same manner in the future. If you’ve suffered sexual harassment or retaliation as a result of complaining about sexual harassment or any type of inappropriate sex-based behavior, contact us at 856-854-4000 to set up your legal consultation in our Moorestown office.
Laws Protecting New Jersey Workers Against Sexual Harassment
Workers in New Jersey are protected against sexual harassment under federal, state, and sometimes even local regulations. Under federal law (Title VII of the Civil Rights Act of 1964), sexual harassment is an unlawful form of sex-based discrimination.
In addition, the New Jersey Law Against Discrimination (LAD) (NJ Rev. Stat. Sec. 10:5-12) strictly prohibits sexual harassment in the workplace. These laws also prohibit retaliation against employees who report or object to inappropriate sex-based conduct or comments.
What is Sexual Harassment?
Sexual harassment can take many forms. In the most basic sense, it is harassment based on an individual’s sex. In New Jersey, this includes sexual orientation or perceived gender identity. Some specific examples of sexual harassment include:
- Unwelcome advances;
- Offers from a manager or supervisor for favorable treatment in return for sexual favors;
- Unwanted physical touching or staring;
- The use of sex-based or sexually charged language;
- Exposure to sexually explicit images, videos, or text;
- “Jokes” that are sexual in nature; and
- Threats of sexual assault.
An individual of any sex, gender, or sexual orientation can sexually harass any another individual. Any time compliance with a sexual request is an implicit or explicit condition for employment or advancement or the behavior creates a hostile environment that negatively impacts the victim’s workplace, sexual harassment is present in the workplace.
Who is Responsible for Sexual Harassment in New Jersey?
New Jersey workers have a basic right to a workplace that is free from sexual harassment. Employers may be held liable for sexual harassment that occurs, which includes sexual harassment that was not properly prevented or which was not handled or not dealt with in a prompt and appropriate manner. Employers may potentially be liable for the conduct of managers, lower-level employees, and even outside vendors or customers.
Ultimately, these are highly fact specific cases. If you were the victim of sexual harassment in the workplace, it is strongly recommended that you consult with an experienced New Jersey employment law attorney as soon as possible.
Retaliation for a Sexual Harassment Claim
Title VII of the Civil Rights Act of 1964 also prohibits employers from retaliating against employees for a variety of protected activity, including formally or informally complaining of discrimination (including verbally or in writing), objecting to sexually-inappropriate behavior, filing sexual harassment claims or providing testimony to support their colleagues’ claims. You have the right to report sexual harassment without fearing retribution.
Some forms of unlawful retaliation include:
- Terminating the employee;
- Subjecting the employee to additional harassment;
- Issuing the employee negative performance reviews or write ups;
- Setting the employee up for failure;
- Demoting the employee; and
- Preventing the employee from advancing in the company.
Pursuing Compensation for Sexual Harassment Damages in New Jersey
Through a sexual harassment claim, a victim can pursue compensation for the following damages, among others:
- Lost wages from missing work due to the harassment, and other forms of economic loss, both past and future. This includes lost wages from leaving a job as a result of the harassment or lost wages as a result of being terminated;
- Mental anguish and emotional distress;
- Reimbursement of attorneys’ fees and costs;
- Medical bills for illness or injuries related to the harassment; and
- In some cases, punitive damages.
Console Mattiacci Law, LLC New Jersey Sexual Harassment Lawyers
If you suffered damages because of sexual harassment in your workplace, you are entitled to compensation for those damages. Contact our team of experienced employment lawyers at Console Mattiacci Law, LLC today to set up your consultation in our office. Do not wait to make the call; depending on the nature of your case, it could have a very tight filing deadline.