McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

What Constitutes Sexual Harassment in the Workplace?

Sexual harassment in the workplace includes any unwelcome comments, conduct, or behavior regarding sex, gender, or sexual orientation. All employees should be aware of what constitutes sexual harassment and report any incidences that occur.

Examples Of Sexual Harassment:

Obviously, any sexually motivated physical attack is sexual harassment. If you or someone you know has been assaulted in the workplace, please report it to the authorities immediately.

  • Unwelcome Deliberate Touching

Colleagues should respect personal boundaries in the workplace. All employees should feel safe. Any unwanted touching could constitute sexual harassment. This could occur if another employee corners you in the office or deliberately touches you in an unwelcome and unprofessional way.

  • Pressure For Sexual Favors

Quid pro quo harassment commonly refers to one employee offering another employee professional progress for sexual favors. However, pressure for sexual favors can come from supervisors, peers, or subordinates. Accordingly, this pressure can make the individual on the receiving end feel uncomfortable or trapped.

  • Unwelcome And Inappropriate Comments

Sexual harassment is not limited to physical behaviors or conduct. Sexual harassment can also include unwelcome verbal advances. For example, this type of behavior may include making sexual jokes or commenting on an employee’s appearance. Also, catcalls, sexual questions or stories, and sexual innuendos can make other employees feel uncomfortable or unsafe.

  • Unwanted Sexual Looks Or Gestures

Sexual harassment is not only physical or verbal. Sexual harassment can also be visual. Persistent staring and sexually suggestive gestures can create a hostile work environment for employees. Consequently, these signals can make the employee feel threatened.

  • Unwanted Gifts Or Communications

Sexual harassment can involve communications of a sexual nature from other employees or an employer. Sharing sexually unsuitable images or videos with other employees or sending suggestive written correspondences can affect an employee’s work environment. As a result, the employee is exposed to inappropriate materials at the workplace.

  • Treating Employees Differently Based On Their Gender

Employers should not treat employees differently based on gender. This treatment can include behaviors such as paying the employees less or failing to promote particular employees. Also, this type of conduct can include offensive comments about an employee’s sexual orientation or gender identity.

  • Retaliation Against An Employee For Making A Complaint

An employer cannot retaliate against an employee for making a sexual harassment complaint. For instance, retaliation can include demotion, termination of employment, or maltreatment. You should report sexual harassment in the workplace without fearing repercussions. An employer should not retaliate against an employee making a complaint of sexual harassment.

Protect Your Career Today

This list is by no means exhaustive. In fact, sexual harassment can take many forms. Any of the examples above, and more, constitute sexual harassment. No one should tolerate these behaviors in the workplace. You should never feel afraid or uncomfortable where you work. We are here for you. Please call us for a free case evaluation if you think you may have experienced sexual harassment in your workplace.

Sexual Harassment Lawyers At McOmber McOmber & Luber, P.C. Represent Victims Of Sexual Harassment And Retaliation

Sexual harassment is unlawful in the workplace. If you have experienced or are currently experiencing sexual harassment at your workplace, the sexual harassment lawyers at McOmber McOmber & Luber, P.C. can help you. You can reach us at our Red Bank office at 732.842.6500, at our Marlton office at 856.985.9800, Newark office at 973.878.9040, at our New York office at 929.566.1300, at our Philadelphia office at (267).777.7800, toll free at 888.396.0736, or through our online contact form

Related FAQs

  • What Is Sexual Harassment?

    The U.S. Equal Employment Opportunity Commission (EEOC) is the agency responsible for enforcing laws against workplace discrimination, including sexual harassment. It defines sexual harassment as “unwelcome sexual advances, requests for sexual favors or other verbal or physical harassment of a sexual nature” in the workplace. Sexual harassment can take place between the victim and a superior, supervisor, co-worker, or non-employee, such as a client or customer. Perpetrators can be both male and female, and the victim does not have to be of the opposite sex.

    According to the EEOC, simple teasing, offhand comments, or isolated incidents are not recognized as sexual harassment. To constitute illegal sexual harassment, the conduct must be severe or pervasive, often indicated by a pattern of behavior. There are two types of illegal sexual harassment: quid pro quo and hostile or offensive work environment.

    Read More

  • What Constitutes a Hostile or Offensive Work Environment?

    This form of sexual harassment is categorized by a work environment that is hostile or abusive due to the unwelcome verbal or physical conduct of an employee or non-employee such as an outside sales representative or delivery person. The unwanted verbal or physical conduct must be severe or pervasive. Courts have described such conduct as that which creates an “arbitrary barrier to sexual equality at the workplace.”

  • Do I Need New Jersey Workplace Harassment Lawyers?

    You may have experienced workplace harassment in your own occupation. If so,  you have options and help is available. A hostile work environment can take a toll in several ways.

    Consider whether it’s time to hire New Jersey workplace harassment lawyers. An attorney can help you decide if you have a strong legal case against your employer due to the treatment to which you have been subjected.

    If you’re not sure whether you need a lawyer yet, don’t worry, an attorney who is knowledgeable in workplace sexual harassment lawyer can help you consider your situation and options. Check out this guide to consider some questions you may have as a start.

    Read More

  • How do you prove sexual harassment?

    There are many steps you can take to document and prove sexual harassment cases. It is helpful to keep track of the nature of the harassment, when the harassment occurred, who was involved, the location of the harassment, and if there were any witnesses. You should also tell the harasser their actions are unwelcome and making him or her uncomfortable. If the harassment continues you should inform your manager and consult the employee handbook about formal complaints. You must follow any sexual harassment policies your employer put in place. If that means reporting the event to a manager then you must take that step before pursuing action with the EEOC.

    Read More

  • How Do I File a Complaint for Harassment?

    What To Do

    If you experience sexual harassment in the workplace, you should take detailed notes of the harassment. This documentation can help with your sexual harassment claim and any potential, future litigation. These detailed records should include:

    • Nature of the harassment
    • When and where harassment took place
    • Who was involved
    • Any potential witnesses to the harassment

    Next, you should contact a New Jersey sexual harassment attorney. A sexual harassment lawyer can inform you of your rights and any potential options going forward.

    Read More

  • Do Unwelcome Comments Qualify as Actionable Conduct?

    Unsolicited comments of a sexual nature made on the job can leave an employee feeling threatened or uncomfortable, thereby giving rise to a claim of sexual harassment. Critical to prevailing on a claim for sexual harassment is establishing that a comment was unwelcome. When one party has made no effort to initiate the conversation, nor encouraged the conversation to continue, they may reasonably argue that the offensive and objectionable language was unwelcome.

    Some comments may be more objectionable than others, but there is a wide range of conduct which constitutes as sexual harassment. Derogatory or lewd remarks about a coworker’s anatomy, making sexually suggestive jokes, or speaking freely about sexual exploits will understandably make many within earshot uncomfortable.

  • How Can I Prevent Incidents at Company Events and Holiday Parties?

    There are measures that employers can take to protect employees and attendees at these parties. For example, employers may choose not to serve alcohol, or have less alcohol available, via a drink ticket system or otherwise.

    Other actions can also prevent disasters, such as choosing not to hang mistletoe, avoiding dancing, hiring security or staff to keep an eye out for individual welfare, and making sure that staffers can invite spouses and family members. Increasing the amount of food that is available is also something that several employers are doing at these parties in order to ensure that everyone is well-fed.

    Employees and attendees drinking and driving home is another serious liability concern. Make sure that someone is responsible for monitoring consumption and ensuring no one is driving home if they are unable to do so safely.

  • How Can Legal Agreements Silence Victims of Sexual Assault?

    Forms of legal agreements may be misused to silence victims. One highly-publicized case is that of Harvey Weinstein, a Hollywood producer accused of sexually harassing various employees at his company for decades. He allegedly used non-disclosure agreements (NDAs) and confidential, out-of-court settlements to prevent these stories from being exposed. NDAs, out-of-court settlements, and arbitration agreements are all legal agreements that can hinder victims from speaking out publicly.

  • What Are the Health Impacts of Unwanted Sexual Advances?

    At minimum, sexual harassment harms the self-confidence of a person. It is well-known that confidence leads to increased productivity, so it should be a concern of the employer.

    Beyond this, studies have shown that unwanted sexual advances can cause depression, PTSD, suicide, high blood pressure (HBP), and neck and spinal pain.

    Read More

  • What Is Quid Pro Quo?

    Quid pro quo is a Latin term meaning “this for that.” It occurs when the victim’s response to sexual advances is used as a basis for employment decisions, such as the firing or demotion of the employee. Such sexual advances do not have to be overt; the request can be hinted at or communicated non-verbally. If a supervisor offers an employee a raise that is contingent upon his or her agreement to engage in sexual acts, that behavior constitutes quid pro quo harassment.

    Read More

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Results may vary depending on your particular facts and legal circumstances.

Disclaimer: This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here.

California Consumer Privacy Act (CCPA) Opt-Out IconYour Privacy Choices Notice at Collection