Experienced Employment Lawyers Fighting Against Sexual Harassment in New Jersey and New YorkWhat Is Sexual Harassment?
Sexual harassment is a form of gender discrimination or sexual preference discrimination. Sexual harassment is one of the most common forms of workplace harassment. One common misconception about sexual harassment is that it is suffered only by women. Indeed, sexual harassment impacts both women and men, and both heterosexuals and homosexuals. There are two types of sexual harassment: hostile work environment sexual harassment and quid pro quo sexual harassment.
Hostile work environment sexual harassment occurs when an employee is subjected to “severe” or “pervasive” behavior that would cause a reasonable person of the same sex (or sexual preference) to feel humiliated or intimidated such that the terms and conditions of employment are altered. A key theme of a hostil work environment sexual harassment claim is the notion of unwelcome conduct. For example, the following actions can be evidence of hostile work environment sexual harassment:
- Lewd or sexual comments
- Unwelcome sexual advances
- Requests for sexual relations
- Unwelcome touching
- Sexually explicit material in the workplace
Moreover, sexual harassment is also actionable when it is based on what others perceive an employee’s sexual preference to be. For example, it is unlawful to harass an employee based on the assumption -- whether true or not -- that such employee is a homosexual.
Although sexual harassment can be sexual in nature, it does not have to be. Sexual harassment can also include actions and behavior based on gender stereotypes, gender bias, chauvinism, or other actions due to the fact that you are a woman or a man. Anything that is particularly offensive to one gender, or is directed at you because of your gender, potentially can contribute to a sexually hostile work environment.
The second type of sexual harassment is quid pro quo sexual harassment. Quid pro quo sexual harassment occurs when an employer or supervisor states or implies that the terms of employment are conditioned on an employee’s submission to a sexual advance or demand. For example, you may have a claim for quid pro quo sexual harassment if your employer makes you feel as if you must give into sexual advances to keep your job, obtain a raise, advance in the company, or avoid discipline, a demotion, or other negative consequences.
No one should endure the stress and indignity of inappropriate sexual conduct in the workplace. If you have experienced sexual harassment, our employment lawyers will fight aggressively to protect and enforce your rights. We are leaders among New Jersey and New York employment law firms. We have handled numerous precedent-setting cases that improved the rights of employees in both states.
To schedule a consultation with one of our experienced New Jersey or New York sexual harassment attorneys, contact us online or call us. Our offices are located in Essex County, New Jersey and New York City.