Pennsauken Sexual Harassment Lawyers

Sexual harassment is prohibited in New Jersey. Under New Jersey fair employment practices law, any unwelcome physical conduct that is sexual in nature or requests for sexual favors is considered sexual harassment. Under the New Jersey Law Against Discrimination (NJLAD), sexually-based discrimination is illegal. Sexual harassment that creates a hostile work environment is also considered unlawful. Furthermore, any requests for sexual favors in exchange for a promotion, raise, or other work advancement is considered quid pro quo sexual harassment, which is also prohibited under the NJLAD.

Different Forms of Sexual Harassment in the Workplace

Quid Pro Quo Harassment: This type of harassment occurs when an employer makes submission to sexual conduct requisite to employment. Quid pro quo harassment can take place by the employer or their agents. Requests can be either explicit or implicit. Any conduct that makes an employee believe that they must submit to the sexual act requested in order to retain employment, receive a promotion, or attain a raise is harassment. Additionally, it is harassment if the employee believes that submission is necessary to avoid a demotion or a poor evaluation.

Hostile Work Environment: This type of harassment occurs where the work culture targets an employee’s gender. The culture is pervasive enough to make a reasonable person of the employee’s gender believe that the environment has become hostile. For example, a hostile work culture occurs when women are subjected to lewd remarks and taunted to the extent that the working conditions are deemed abusive.

Retaliation: Under New Jersey law, employees are protected for reporting such behaviors. If employees face retaliation by their employer, the employer may be liable. An employer is prohibited from terminating an employee for making a complaint of sexual harassment. Employees should not face any adverse consequences in their employment status for reporting sexual harassment. Negative impact to an employee’s salary, demotion, schedule, assignments, or reviews may qualify as prohibited retaliation.

Common Examples of Sexual Harassment

Sexual harassment can take place in the following ways:

Unwanted physical contact in the form of grabbing body parts, touching, pinching, kissing, hugging, or blocking anyone’s movement.
Sexually suggestive comments made verbally or in writing.
Obscene and lewd comments.
Proposing sexual acts through notes, texts, emails, or other manners.
Making remarks about someone’s appearance, clothing, or gender.
Displaying sexually aggressive material.
Displaying nudity or sexual materials.
Exposing or sharing photographs of one’s genitalia.
Continuing to make sexual advances despite objections.

Both men and women may be subject to sexual harassment. Furthermore, employers must ensure that their employees know that discrimination and harassment are prohibited in the workplace and that all employees and supervisors have a responsibility to report such behaviors. Supervisors who receive complaints about such harassment must report the complaint to the New Jersey State’s equal employment opportunity officers. All employees, witnesses, and supervisors must cooperate with any investigations conducted.