Former County Aide Issues Claims of Sexual Harassment and Workplace Violence
Perhaps you’ve read recent news reports about a former county aide’s allegations of sexual harassment and workplace violence. These stories shine a light on the reality of workplace misconduct.
Before we get into the legal context, we want to reiterate that these claims demand a fair investigation. They are not proven facts. However, they highlight the importance of knowing your legal rights.
Let’s get started.
What the Former Aide Alleged
The former aide alleged that workplace conditions included sexual harassment and a hostile work environment. They also claimed workplace violence or threats and referenced a specific incident that involved yelling and proximity. Finally, the allegations involve retaliation after they reported the misconduct internally.
What Legally Constitutes Sexual Harassment?
Both state and federal laws define and prohibit workplace sexual harassment.
Harassment falls into two legal categories:
- Quid pro quo harassment happens when a person in authority attempts to condition a job benefit on submission to sexual demands. For example, a supervisor may threaten your job or block a promotion if you refuse a sexual advance.
- The second category, which applies to this case, is hostile work environment harassment. This occurs when you endure unwelcome conduct based on your gender that is severe or pervasive. This conduct must alter the conditions of your employment.
Unlawful conduct can take many forms. For example:
- Unwanted touching, such as patting or purposefully brushing against you
- Inappropriate comments about your appearance
- Threats or intimidation that instill genuine fear or discomfort
- Displaying offensive images or sharing explicit content
The primary statutes that define these rights are:
Workplace Violence, Safety Laws, and Your Right to a Safe Environment
Is workplace violence considered harassment?
Yes, it can be.
Any threat of physical harm or intimidation can contribute to a hostile work environment claim. Your employer has an obligation to give you a safe workplace with a zero-tolerance policy for aggressive behavior.
At the federal level, the Occupational Safety and Health Administration (OSHA) supports this obligation. Employers must prevent harm, including workplace violence.
When harassment includes physical threats or acts of violence, it’s considered more severe. It can strengthen your legal argument that the workplace conditions you endured were genuinely intolerable and put you at risk.
What About Retaliation After Reporting Misconduct?
The former aide reported the alleged incident to her supervisor. Within the next 90 days, she was fired. This brings anti-retaliation laws to the forefront.
Nobody wants to be punished for reporting misconduct. It is illegal for your employer to take adverse action against you for speaking up. These actions could be firing you or reducing your pay. Or they could be punitive treatment. You might be isolated from your colleagues or intimidated.
The most important step you can take after reporting an incident is documenting every complaint and response.
Protections for Public-Sector Workers
Government employees working for the county may have special legal rights. These additional protections exist because public employees are positioned to expose wrongdoing that affects taxpayer dollars or the public welfare.
These specialized layers of protection include:
- Whistleblower protections. In states like New Jersey, the Conscientious Employee Protection Act (CEPA) is one of the strongest whistleblower laws. CEPA protects you from termination or demotion if you report activity you reasonably believe violates a law, rule, or clear mandate of public policy.
- Civil service rules. These rules dictate the appropriate disciplinary process and specify the valid reasons for terminating your employment.
- Union grievance procedures. If your position is covered by a union, you have an additional layer of protection.
What You Should Do if You Experience Harassment or Violence
If you have recently faced harassment, threats, violence, or retaliation in your workplace, you must act decisively to protect your legal position.
- Write down a detailed log of every event privately, immediately after it occurs. Note the exact date, time, location, the specific words used, and the names of any potential witnesses.
- If it’s safe, file a formal complaint to HR or a supervisor.
- Save all relevant emails, text messages, performance reviews, and any other evidence.
- Contact an employment attorney right away. Your window for filing a legal claim is strictly limited by statutes of limitations.
Why Legal Representation Matters in Cases Like This
When you have experienced harassment, assault, or retaliation, challenging a county or municipal government is incredibly intimidating. You need an advocate who understands the law and knows how to navigate the specific systems of public employment.
Our legal team at McOmber McOmber & Luber conducts a thorough, independent investigation of the claims. We prepare the administrative and court complaints and negotiate on your behalf. We are committed to protecting you from ongoing retaliation and ensuring you receive justice.
Reach out today for a confidential consultation to explore your legal options.
