Workplace Sexual Harassment Lawyer: Employment Law Services in New Jersey | Charles Z. Schalk

Introduction to New Jersey Sexual Harassment

Sexual harassment is a severe form of sex-based discrimination that can occur in the workplace, creating a hostile work environment for employees. In New Jersey, sexual harassment is prohibited under the New Jersey Law Against Discrimination (LAD) and federal law, including the Civil Rights Act of 1964. If you are a victim of sexual harassment, it is essential to seek legal advice from a New Jersey sexual harassment attorney who can help you understand your rights and options.

New Jersey law defines sexual harassment as unwelcome conduct of a sexual nature, including verbal harassment, physical conduct, and visual conduct. This can include unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Quid pro quo harassment, where a supervisor or person in a position of authority demands sex in exchange for an employment benefit, is also considered sexual harassment.

Hostile work environment harassment occurs when unwelcome conduct of a sexual nature creates an intimidating, hostile, or offensive work environment. This can include derogatory comments, offensive comments, and sexually suggestive behavior. Employers in New Jersey have a legal obligation to prevent and correct sexual harassment in the workplace and can be held liable for failing to do so.

If you are a victim of sexual harassment, you may be entitled to compensation for damages, including emotional distress damages and punitive damages. A New Jersey sexual harassment lawyer can help you navigate the complex laws and regulations surrounding sexual harassment in the workplace and ensure that your rights are protected.

It is essential to report sexual harassment to your employer and follow the reporting procedures and policies in place. Employers are strictly liable for equitable damages, including job reinstatement or stopping the harassing conduct. In lawsuits where the victim seeks monetary damages, the standards of liability of the employer are different, and employers can be liable for compensatory damages, emotional distress damages, and punitive damages.

New Jersey employers have a responsibility to provide a safe work environment, free from sexual harassment, and to establish anti-harassment policies and reporting procedures. Employees who experience sexual harassment in the workplace may be entitled to file a claim under the New Jersey Law Against Discrimination, and a New Jersey sexual harassment attorney can help them navigate the process.

In conclusion, sexual harassment is a serious issue that can have severe consequences for employees and employers in New Jersey. If you are a victim of sexual harassment, it is crucial to seek legal advice from a New Jersey sexual harassment attorney who can help you understand your rights and options. By reporting sexual harassment and seeking legal counsel, you can help create a safe and respectful work environment for yourself and others.

New Jersey Sexual Harassment Lawyers

Charles Z. Schalk is an experienced New Jersey sexual harassment lawyer. Employees deserve to feel safe in their place of employment. An employer must be held accountable for harassment—whether committed by a supervisor, co-workers, or client/customer. Were you or your loved one the victim of sexual harassment in the workplace? We can help. Contact us today to arrange your completely confidential, no obligation consultation with a top rated New Jersey sexual harassment lawyer.

Workplace Sexual Harassment is a Serious, Persistent Problem

According to data cited by the National Sexual Violence Resource Center (NSVRC), around 38 percent of women and 14 percent of men report that they have personally been subject to sexual harassment while at work. Creating a hostile work environment through inappropriate advances, inappropriate comments, or unwelcome verbal or physical behavior is considered sexual harassment. It is a serious, persistent problem that is systematically underreported. Indeed, NSVRC finds that 85 percent of workplace sexual harassment victims never file a formal charge. 70 percent of job-related sexual harassment victims never even report the matter internally.

Understanding Sexual Harassment

Workplace sexual harassment is unwanted, unwelcome conduct of a sexual nature. Unwanted sexual advances, along with requests for sexual favors and sexually suggestive comments, fall under the umbrella of sexual harassment. It could come from a boss, manager, co-worker, or a customer. Here is an overview of the two different types of workplace sexual harassment in New Jersey:

  • Quid Pro Quo Harassment: Quid pro quo, translating to “this for that,” occurs when job benefits such as promotions, raises, or continued employment are directly linked to the acceptance of sexual advances, favors, or sexual activity. It is typically characterized by explicit or implicit propositions in a scenario where the perpetrator holds a position of power over the victim’s career or job conditions. This type of harassment can significantly impact a person’s employment, as the terms of his or her job may be manipulated based on the acceptance or rejection of these advances. Soliciting sexual favors can directly affect the terms and conditions of a person’s employment, highlighting the legal implications and responsibilities of employers. For example, a supervisor seeks sexual favors in exchange for a raise or other employment benefit is unlawful sexual harassment.
  • Hostile Work Environment: Hostile work environment sexual harassment involves creating a work atmosphere that is intimidating, hostile, or offensive due to unwelcome sexual conduct, which may be linked to an employee’s sex or her gender. It could be comments, jokes, physical advances, or visual displays that disrupt an employee’s work performance or create an intimidating workplace. To qualify as a hostile work environment, the unwelcome conduct must be deemed severe or pervasive to the point that a reasonable person’s work performance would be adversely affected.

Workers are Protected Against Sexual Harassment Under State and Federal Law

If you are an employee who was the victim of sexual harassment in the workplace in New Jersey, you may have a claim under the following:

New Jersey Laws and Regulations

New Jersey has stringent laws and regulations designed to protect employees from sexual harassment in the workplace. The cornerstone of these protections is the New Jersey Law Against Discrimination (LAD), which prohibits all forms of discrimination, including sexual harassment, in employment, housing, public accommodation, and state agencies. The LAD applies equally to women, men, and individuals regardless of their gender identity, ensuring comprehensive protection for all employees. This state law works in conjunction with federal laws like the Civil Rights Act of 1964 to provide a robust legal framework against workplace sexual harassment. The New Jersey Supreme Court has played a pivotal role in interpreting these laws, with landmark cases such as Lehman v. Toys R Us and Gaines v. Bellino guiding employer liability and the establishment of effective anti-harassment policies. The outcomes of legal cases often depend on the particular facts and circumstances surrounding each case.

In addition to the LAD, New Jersey has enacted other laws that offer stronger protections for employees. For instance, the New Jersey Equal Pay Act mandates that employers pay men and women equally for equal work, while the New Jersey Family Leave Act provides job-protected leave for family and medical reasons. Employers in New Jersey are also required to maintain a safe and healthy work environment, which includes implementing measures to prevent sexual harassment. New Jersey employers must also ensure that their anti-harassment policies are robust and effectively communicated to all employees. This involves having a written policy against sexual harassment and providing training to all employees on the policy and the procedures for reporting and investigating sexual harassment claims.

Identifying a Hostile Work Environment

A hostile work environment is a form of sexual harassment that can significantly impact an employee’s well-being and job performance. It occurs when an employee is subjected to unwelcome conduct that is so severe or pervasive that it alters the conditions of their employment and creates an abusive or hostile work environment. The determination of whether the conduct is sufficiently severe or pervasive is based on how a reasonable person of the same sex would perceive the conduct. Identifying a hostile work environment can be challenging, but certain behaviors are clear indicators.

Examples of behaviors that can create a hostile work environment harassment include:

  • Unwelcome sexual advances or requests for sexual favors
  • Verbal or physical conduct of a sexual nature
  • Verbal harassment, including lewd comments or remarks, can also contribute to a hostile work environment.
  • Displaying sexually explicit images or objects
  • Making unwanted sexual comments or jokes
  • Creating a work environment that is intimidating, hostile, or abusive through harassing behavior

If you believe you are working in a hostile work environment, it is crucial to document all incidents of harassment meticulously. This includes noting dates, times, locations, witnesses, and the specific behaviors or comments made. Reporting these incidents to your employer or HR department is essential. Additionally, seeking support from a trusted friend, family member, or mental health professional can provide emotional support during this challenging time.

Employer Responsibilities in Preventing Sexual Harassment

Employers in New Jersey have a legal obligation to prevent and correct sexual harassment in the workplace. This responsibility is not just a moral imperative but a legal one under New Jersey law. Employers must develop and implement effective anti-harassment policies and procedures that clearly define what constitutes sexual harassment and outline the consequences for engaging in such behavior.

Training is a crucial component of these responsibilities. Employers must provide comprehensive training to all employees, including supervisors and managers, on recognizing, preventing, and responding to sexual harassment. This training should emphasize the importance of maintaining a respectful and inclusive work environment and ensure that all employees understand the serious consequences of engaging in harassment.

When a complaint of sexual harassment is made, employers have a duty to investigate promptly and thoroughly. This means taking all complaints seriously, conducting impartial investigations, and taking immediate action to stop the harassment and prevent it from recurring. Employers who fail to take these steps can be held liable for sexual harassment under New Jersey law. Employers who fail to take these steps can be held liable for the harm caused to victims, including emotional distress and loss of employment opportunities.

Creating a culture of respect and zero tolerance for harassment in the workplace is essential. Employers should foster an environment where employees feel safe to report incidents without fear of retaliation. By taking these proactive steps, employers can help prevent sexual harassment and ensure a safe and respectful work environment for all employees.

Workers are Protected Against Sexual Harassment Under State and Federal Law

If you are an employee who was the victim of sexual harassment in the workplace in New Jersey, you may have a claim under the following: Employees have the right to file a sexual harassment claim under state and federal laws.Employees have the right to file a sexual harassment claim under state and federal laws.

You Have the Right to Report Sexual Harassment in Violation of the Law

No employee should be forced to endure being sexually harassed as a condition of their job. You have the right to report any sexual harassment to your employer. You also have the right to raise a complaint to state or federal regulators. Employers are required to have clear reporting procedures in place to ensure that employees can safely report incidents of harassment. The New Jersey LAD makes it illegal for employers to retaliate against individuals who file a harassment complaint or participate in an investigation regarding such claims, protecting them from any adverse employment action. Employers are prohibited from taking adverse employment actions, such as termination or demotion, against employees who report sexual harassment or participate in investigations. In other words, you can report incidents of sexual harassment, provide evidence, or testify about your experiences, safe in the knowledge that your employment status, pay grade, or work conditions cannot legally be adversely affected by your actions. If you do face any adverse action for reporting sexual harassment, a New Jersey employment lawyer can help you raise a retaliation claim.

Three Steps to Take If You Were the Victim of Sexual Harassment in the Workplace

You have the right to take action to address sexual harassment. Harassment can occur irrespective of the victim’s sexual orientation, and legal protections are in place for all individuals. Here are three of the most important steps to take if you were the victim of job-related sexual misconduct in New Jersey:

  1. Document the Incident: You should try to keep a detailed record of the sexual harassment. Along with other things, this includes documenting each incident (dates, times, locations, witnesses, etc). You should note the specific behaviors or comments made and your response to each incident. Be sure to preserve relevant emails or text messages. Be sure to note that the behavior was unwelcome sexual harassment, as this is a critical element in legal claims.
  2. Report the Harassment: Start by checking your company’s policy on sexual harassment, which should outline the procedure for filing a complaint. Typically, you should report the harassment to your human resources department or a designated supervisor. Many companies also provide informal complaint structures to address issues more discreetly and promptly. If your direct supervisor is the harasser, most companies provide an alternative reporting mechanism. If you are not sure how to report the incident, seeking legal counsel from an experienced sexual misconduct lawyer in New Jersey can help.
  3. Consult With an Attorney: You never have to figure out everything on your own. A workplace sexual harassment lawyer in New Jersey can advise you on the strength of your case, help navigate complex legal processes, and represent through all aspects of the legal process. Through a claim, you may be entitled to a number of different remedies, including financial compensation for your damages.

Prevention and Response Strategies for Sexual Harassment

Prevention is the cornerstone of eliminating sexual harassment in the workplace. Employers can play a pivotal role in this by promoting a culture of respect and inclusivity. Establishing clear policies and procedures for reporting and investigating sexual harassment is fundamental. These policies should be communicated effectively to all employees, ensuring everyone understands the process and feels comfortable using it.

Regular training sessions are vital. Employers should provide ongoing education on what constitutes sexual harassment, its consequences, and the importance of a respectful work environment. This training should be inclusive, covering all employees regardless of their position within the company. Training should also cover the creation of a hostile environment and the importance of maintaining a respectful workplace.

Creating an environment where employees feel safe to report incidents of sexual harassment without fear of retaliation is crucial. Employers should have a clear and effective process for investigating and addressing complaints. This includes taking prompt and decisive action to stop the harassment and prevent it from happening again.

Support for victims is also essential. Employers should provide resources such as counseling and legal assistance to those affected by sexual harassment. By taking these steps, employers can help prevent sexual harassment and create a safe and respectful work environment for all employees.

Regularly reviewing and updating anti-harassment policies and procedures ensures they remain effective and compliant with New Jersey law. By fostering a culture of respect and taking proactive measures, employers can significantly reduce the incidence of sexual harassment in the workplace.

Remedies for Victims of Sexual Harassment

Victims of sexual harassment in New Jersey have several legal remedies available to them. These remedies are designed to provide justice and compensation for the harm suffered. Some of the key remedies include:

  • Filing a Complaint with the New Jersey Division on Civil Rights (NJDCR): Victims can file a formal complaint with the NJDCR, which will investigate the allegations and take appropriate action.
  • Filing a Lawsuit: Victims can file a lawsuit against their employer or the individual who harassed them. This legal action can seek monetary damages for emotional distress, lost wages, and other losses.
  • Seeking Damages: Victims may be entitled to various forms of compensation, including back pay, front pay, compensatory damages for emotional distress, and punitive damages to punish the employer or individual who harassed them, affecting the conditions of his or her employment. Employers can be held strictly liable for equitable damages when they fail to prevent or address harassment appropriately.
  • Requesting Injunctive Relief: Victims can request court orders to prevent further harassment, such as restraining orders or orders requiring the employer to implement policies and procedures to prevent future harassment.

In addition to these remedies, victims may also be entitled to attorney’s fees and costs, ensuring they have the financial resources to pursue their claims.

Confidential and Discreet Representation

If you are a victim of sexual harassment in New Jersey, seeking representation from an experienced and compassionate attorney is crucial. An experienced sexual harassment attorney from a reputable law firm can provide you with confidential and discreet representation, helping you navigate the complex legal system, protect your rights, and seek justice for the harm you have suffered.

Our experienced sexual harassment attorneys are dedicated to providing our clients with the highest level of service and representation. We understand the sensitive nature of sexual harassment claims and are committed to maintaining confidentiality and discretion throughout the entire process. Each case is unique, and understanding the specific legal circumstances is crucial for achieving the best possible outcome. Each case is unique, and understanding the particular facts is crucial for achieving the best possible outcome. Contact us today to schedule a consultation and learn more about your rights and options.

How New Jersey Sexual Harassment Lawyer Charles Schalk Can Help

Sexual harassment is traumatic. Victims deserve justice. An employer that commits sexual harassment, allows it to persist, or fails to properly remedy it is in violation of the law. Charles Schalk is an experienced, solutions-focused employee rights advocate. When you reach out to our firm, you will have a chance to consult with a New Jersey sexual harassment attorney who can:

  • Hear what you have to say and answer questions about the law;
  • Investigate the matter—gathering the evidence/information to bring a claim; 
  • Represent you in any settlement negotiations with defense; and
  • Develop a comprehensive strategy to help you get justice and compensation.  

It is important to understand that sexual harassment can occur between individuals of the same sex, and the lawyer will consider all dynamics of the case.

Speak to Our Workplace Sexual Harassment Lawyer in New Jersey Today 

Charles is an experienced New Jersey workplace sexual harassment lawyer and a strong advocate for justice. Were you the victim of sexual harassment while on the job? Our team is more than ready to help. If you were asked for a sexual favor in exchange for job benefits, this constitutes quid pro quo harassment, and our team can help you seek justice. Call us now or contact us online to set up a confidential initial consultation. We represent workers in sexual harassment cases throughout New Jersey.