Comprehensive Guide to Sexual Harassment

Sexual harassment refers to unwelcome conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. It can be verbal, physical, or visual, and does not require physical contact to be unlawful. The behavior must be severe or pervasive enough to interfere with an individual’s work environment or employment status.

Sexual harassment can take many forms, including but not limited to:

• Unwanted sexual advances
• Inappropriate comments or jokes
• Displaying sexually explicit images
• Unwelcome touching or groping
• Repeated requests for dates despite refusals
• Sending sexually suggestive messages or emails

Covert sexual harassment involves subtle, indirect, or disguised behaviors that create a hostile work environment. Unlike overt harassment, covert harassment may not be immediately recognizable but can still have a significant impact. Examples include:

• Persistent inappropriate jokes disguised as humor
• Unfair treatment based on gender or sexuality
• Making work opportunities dependent on implicit sexual favors
• Subtle exclusion from professional opportunities due to gender

When unwelcome sexual behavior or comments create an intimidating or offensive workplace, making it difficult for the victim to perform their job. A hostile work environment exists when several legal criteria are met, including:

• An employer or coworker’s sexual harassment is severe, pervasive, intimidating, or abusive.
• The employee feels their job is in danger if they do not endure the sexual harassment.
• The sexual harassment involves discrimination of a protected class.

If sexual harassment in a hostile work environment is because of an employee’s protected classification, it may overlap with employment discrimination protections under the NJLAD.

Quid pro quo harassment occurs when an employer, supervisor, or person in authority offers employment benefits in exchange for sexual favors or threatens negative consequences for refusing advances. This type of harassment is illegal under both federal and state laws.

Several laws protect employees from sexual harassment, including:

• Title VII of the Civil Rights Act of 1964 – Prohibits sexual harassment in the workplace for employers with 15 or more employees.
• New Jersey Law Against Discrimination – Offers protections against workplace harassment for all employees, regardless of employer size.
• Equal Employment Opportunity Commission Guidelines – Provides enforcement of federal harassment laws.

If you experience sexual harassment at work, consider taking the following steps:

1. Document the incidents, including dates, times, and witnesses.
2. Report the harassment to your employer or HR department.
3. Review company policies on harassment complaints.
4. Seek legal advice if your complaint is ignored or retaliated against.

Retaliation against an employee for reporting sexual harassment is illegal. Forms of retaliation may include:

• Termination or demotion
• Reduction in pay or benefits
• Hostile treatment from colleagues or supervisors

If you experience retaliation, you may have grounds for a legal claim under federal and state laws.

Victims of sexual harassment may be entitled to various forms of compensation, including:

• Lost wages due to wrongful termination or demotion
• Emotional distress damages
• Punitive damages in cases of egregious conduct
• Reimbursement for legal fees

If you are a victim of sexual harassment, legal options may include:

• Filing an internal complaint with your employer
• Submitting a complaint with the EEOC or New Jersey Division on Civil Rights
• Pursuing a civil lawsuit for damages

A skilled employment attorney can help determine the best course of action for your situation. Call one of our offices today to see if you have a case.

In New Jersey, the statute of limitations for filing a sexual harassment claim depends on the type of claim:

• NJLAD claims: Generally, you must file within two years of the harassment.
• Federal claims: Must be filed within 300 days of the incident. It is essential to act quickly to preserve your legal rights.