Sexual Harassment

Sexual Harassment is a form of prohibited discrimination. Our experienced employment attorneys have achieved considerable success fighting for the rights employees who are the victims of sexual harassment. 

It would be great if in this day and age we were free from sexual harassment. We are not. Study after study has shown that it is a persistent workplace problem, and has high costs. Employees spend years building their careers. They have families to feed and bills to pay. Walking away is often simply not an option, especially in these troubled times. Moreover, many employees spend more time at their jobs than with their families; their identity is wrapped up in their jobs. Suffering harassment through no fault of their own can cause severe emotional distress.

Sexual harassment is illegal. Both Federal and New Jersey law prohibit discrimination because of an employee's gender. Courts have ruled that sexual harassment is a form of prohibited discrimination, which includes any severe or pervasive unwanted conduct which is sexually motivated, has sexual content, or is of a sexual nature, which creates a hostile, intimidating or abusive workplace. Employers are responsible to ensure that their employees have a workplace free from sexual harassment. Employees have a right to be free from unwanted sexual advances, inappropriate jokes, repeated requests for dates, display of suggestive images, lewd e-mails and unwanted touching,

Harassment comes in two basic types. The first is where the harassment constitutes a severe or pervasive sexually hostile work environment. The second is known as "quid pro quo" (latin for "this for that"), where positive benefits of employment, such as raises or promotions -- or even the job itself -- are conditioned upon sexual favors ("if you want that promotion you need to sleep with me...").

Sexual harassment can occur because of a person's gender, or their sexual orientation -- or even their incorrectly perceived sexual orientation. It can occur between members of the same sex.

Sexual harassment cases can be complex. The evidence is usually contested, and there is often "he said, she said" testimony. There are complex procedural rules. There are short time lines to file suit or be barred by the statute of limitation. The employer may have factual or technical defenses. One of these defenses may be that the employee never told the employer, so if you are the victim of sexual harassment you should report it. You should also see an experienced New Jersey employment lawyer -- the help of an experienced employment attorney is critical.

McLaughlin & Nardi's experienced employment attorneys fight to vindicate the rights of victims of sexual harassment. We try to stop the harassment from continuing, and to obtain compensation when it has already occurred. If you believe that you have been the victim of sexual harassment, email us or call (973) 890-0004.