Pennsauken Sexual Harassment Lawyers

Sexual harassment in the workplace remains a serious issue that affects employees across industries. Unwelcome sexual advances, inappropriate comments, and other forms of misconduct can create a hostile work environment and impact an individual’s career and well-being.

Both federal and New Jersey state laws offer protections against workplace sexual harassment, giving employees the right to take legal action when they experience such behavior. Understanding these rights and the legal options available is crucial for employees facing harassment. This page provides essential information on workplace sexual harassment, the legal protections in place, and the steps employees can take to address misconduct.

What Is Sexual Harassment in the Workplace?

Sexual harassment occurs when an individual experiences unwelcome conduct of a sexual nature in their workplace. This behavior can take many forms, including verbal comments, physical advances, or requests for sexual favors. The law recognizes two primary types of workplace sexual harassment: quid pro quo harassment and hostile work environment harassment.

Quid pro quo harassment happens when employment decisions, such as promotions or terminations, are based on the acceptance or rejection of sexual advances. This form of harassment often places employees in unfair and coercive situations where they feel pressured to tolerate misconduct to protect their jobs. Hostile work environment harassment, on the other hand, involves unwelcome conduct that is so severe or pervasive that it creates an intimidating, offensive, or abusive work environment. This can include persistent inappropriate jokes, suggestive comments, or repeated unwanted advances that interfere with an employee’s ability to perform their duties.

How Do Federal and State Laws Protect Against Sexual Harassment?

Both federal and New Jersey state laws prohibit workplace sexual harassment. Title VII of the Civil Rights Act of 1964 makes sexual harassment a form of unlawful sex discrimination, applying to employers with fifteen or more employees. This law ensures that employees have the right to work in an environment free from discrimination and harassment based on sex, gender identity, or sexual orientation.

In New Jersey, the Law Against Discrimination (NJLAD) extends protections to employees of all businesses, regardless of size. This means that even employees in small businesses can take legal action if they experience harassment. These laws prohibit employers from allowing a work environment where sexual harassment is tolerated. Employers have a responsibility to take complaints seriously and implement measures to prevent and address workplace harassment.

What Are Some Examples of Workplace Sexual Harassment?

Workplace sexual harassment can take different forms, including unwanted physical contact, inappropriate jokes or comments, repeated sexual advances, displaying offensive images, and retaliation for reporting misconduct.

It can also involve harassment based on gender identity or sexual orientation. For example, an employer or coworker who repeatedly misgenders an employee, makes derogatory remarks about an individual’s sexual orientation, or refuses to acknowledge a worker’s gender identity may be engaging in unlawful harassment. Additionally, sexual harassment does not have to involve physical actions—verbal and written comments, online messages, or gestures that create a sexually hostile work environment can also be considered harassment under the law.

What Steps Should an Employee Take After Experiencing Sexual Harassment?

An employee who experiences sexual harassment should document the incidents in detail, including dates, times, locations, and any witnesses. Documentation can serve as important evidence if legal action becomes necessary.

Reporting the behavior to a supervisor or human resources department is often the first step. Many employers have policies in place for handling complaints, and addressing the issue internally may resolve the matter. If the harassment continues or the employer fails to take action, the employee may choose to file a formal complaint with the EEOC or New Jersey Division on Civil Rights. Employees should be aware of their company’s reporting procedures and follow them carefully to ensure their concerns are properly recorded and addressed.

Can an Employee Be Retaliated Against for Reporting Sexual Harassment?

Federal and state laws prohibit retaliation against employees who report sexual harassment. Retaliation can include termination, demotion, salary reductions, negative performance reviews, or other adverse actions taken against an employee for speaking out.

Employers who retaliate against employees for reporting harassment may face legal consequences, including financial penalties and liability for damages. Employees who suspect they are facing retaliation should keep records of any negative employment actions taken after they report harassment and consider seeking legal guidance to protect their rights.

When Should an Employee Contact an Attorney About Sexual Harassment?

Employees who experience sexual harassment should consider speaking with an attorney as soon as possible, especially if their employer fails to take corrective action. An attorney can help determine whether the behavior meets the legal definition of harassment, assist in gathering evidence, and advise on filing a claim with the appropriate agencies.

Legal representation may be particularly important if an employee has been terminated, demoted, or otherwise retaliated against for reporting harassment. An attorney can also help employees negotiate settlements or file lawsuits against employers who violate workplace harassment laws.

What Remedies Are Available to Victims of Workplace Sexual Harassment?

Victims of workplace sexual harassment may seek remedies that include compensation for lost wages, reinstatement, and damages for emotional distress. Employers may also be required to implement policy changes, provide harassment training, or take other corrective measures.

Each case is different, and the specific remedies available depend on the circumstances and the outcome of legal proceedings. In some cases, employees may be able to negotiate a settlement with their employer, while in others, litigation may be necessary to secure justice. Courts may award damages for pain and suffering, punitive damages to hold employers accountable, or back pay for lost wages due to wrongful termination.

How Can Employers Prevent Workplace Sexual Harassment?

Employers can take proactive measures to prevent sexual harassment by implementing clear anti-harassment policies, providing regular training, and establishing procedures for handling complaints.

Creating a culture of respect and ensuring that all employees understand their rights and responsibilities can help reduce incidents of harassment. Employers who fail to address harassment complaints may face legal consequences, including liability for damages. Companies that prioritize workplace safety and foster inclusive environments are less likely to encounter legal disputes related to sexual harassment.

What Is the Time Limit for Filing a Sexual Harassment Claim?

Employees must file a claim within a specific time frame to preserve their rights. Under federal law, a claim with the EEOC must be filed within 180 days of the last incident of harassment, though this deadline may be extended to 300 days in states like New Jersey that have their own anti-discrimination laws.

Under the New Jersey Law Against Discrimination, employees have two years to file a lawsuit in state court. Missing these deadlines may result in losing the right to pursue a claim. Employees should be aware of these time limitations and take action as soon as possible to avoid missing important legal deadlines.

How Can Legal Representation Help in a Sexual Harassment Case?

Legal representation can provide guidance and advocacy for employees facing workplace sexual harassment. An attorney can assess the strength of a claim, handle negotiations with employers, and represent clients in legal proceedings.

Legal action can be complex, and having an attorney can help ensure that the necessary steps are taken to protect an employee’s rights. Employers often have legal teams to defend against claims, making it important for employees to have knowledgeable legal representation to advocate on their behalf.

Pennsauken Sexual Harassment Lawyers at The Gold Law Firm P.C. Advocate for Sexual Harassment Victims in the Workplace

Seeking legal guidance is essential for anyone facing workplace sexual harassment. If you have experienced harassment at work, speaking with Pennsauken sexual harassment lawyers at The Gold Law Firm P.C. can help you understand your legal options and determine the best course of action to protect your rights. Call us today at 215-569-1999 or fill out our online form for a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.