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Sexual Harassment in the Workplace

Experienced New Jersey Sexual Harassment Lawyers

Sexual harassment in the workplace is inappropriate and unlawful. Regrettably, many employers do not take such matters seriously and do not take appropriate measures to prevent, investigate, and stop sexual harassment. Employees may also be subject to unlawful retaliation for reporting harassment claims. Employees who have been forced to endure sexual harassment or who have been subjected to retaliation should discuss their situation with one of our skilled attorneys to determine their legal options. Employers who need assistance in preventing, investigating, or defending sexual harassment claims should also contact McOmber McOmber & Luber, P.C. for a consultation.

With offices in Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA  , our employment lawyers provide skilled legal counsel in sexual harassment and hostile work environment matters. Because our lawyers have experience assisting both employees and employers in a wide range of workplace harassment and other employment matters, we offer unique insight and perspective to our clients.

What is Considered Sexual Harassment in New Jersey?

According to the U.S. Equal Employment Opportunity Commission, as well as the New Jersey Law Against Discrimination (NJLAD) (N.J.S.A. 10:5-3 et seq.), sexual harassment in the workplace can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

It occurs between two people of any gender, and can be initiated by an employer, co-worker, supervisor, client, or customer. The harassment does not necessarily have to be overt or sexual and can include offensive remarks related to the person’s sex. One-time comments and minor isolated incidents are not specifically prohibited by the law, but can turn into sexual harassment if they become frequent, severe, create a hostile work environment, overlap with other forms of discrimination, or lead to the victim being terminated, demoted, or otherwise affected.

Workplaces and occupations where sexual harassment is common include:

What is Quid Pro Quo Sexual Harassment?

“Quid pro quo” is one of the most common types of sexual harassment. 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. Quid pro quo sexual harassment can manifest in a variety of ways, and it is essential for employees and employers alike to recognize the signs and maintain a safe, respectful work environment.

Hostile Work Environment Sexual Harassment

Sexual harassment in the workplace is a pervasive issue that can have a devastating impact on an employee’s well-being. This can include employers, supervisors, or coworkers engaging in sexually suggestive behavior, remarks, gestures, advances, communications, or inappropriate physical contact and jokes. In certain cases, when sexual harassment in a workplace becomes so prevalent that the victim can no longer do their job without fear or stress, it is considered a hostile work environment, and the employer may be held liable.

Am I Being Sexually Harassed at Work?

Sexual harassment in the workplace is a form of gender discrimination that can include a wide range of behaviors or mistreatment, including but not limited to:

  • Treating employees of a certain gender differently, such as paying them less or failing to promote them.
  • Making unwelcome innuendos, jokes, or conversations that make a person of a certain gender or orientation feel uncomfortable.
  • Objectifying an employee based on their appearance.
  • Sending emails or images of a sexual nature.
  • Making unwanted physical contact such as patting, touching, or rubbing.
  • Subjecting persons of a certain gender to increased scrutiny, criticism, and harassment, or otherwise making their workplace uncomfortable.
  • Sexual advances or propositions, including suggestions of trading advancement for sexual favors, commonly known as quid pro quo sexual harassment.
  • Verbal or physical abuse.
  • Using sexist slurs or comments.
  • Terminating or disciplining an employee in retaliation for making a complaint about sexual harassment.
  • Harassment of LGBT employees.

Nini v. Mercer County Community College, 202 N.J. 98, 109 (2010); Lehmann v. Toys ’R’ Us, Inc., 132 N.J. 587, 600 (1993) .

Sexual harassment decreases workplace morale, diminishes the dignity of employees, and can cause significant damage to the personal well-being and career of a harassed employee. Sexual harassment victims may suffer economic damages, such as lost past and future wages, and may also suffer significant emotional damages such as anxiety, depression, humiliation, shock, sleeplessness, and post-traumatic stress disorder (PTSD). Fearful of losing their jobs, many victims endure the abuse. For this reason, sexual harassment is significantly underreported.

What Should Employees Do if They Feel Sexually Harassed?

Under the New Jersey Law Against Discrimination (NJLAD) and other federal statutes, your employer has a responsibility to prevent, investigate, and properly address sexual harassment complaints. If you have been subjected to harassment, the individual harasser and your employer may need to compensate you for economic damages and your pain and suffering.

If harassment occurs, it is important to take detailed notes. This documentation can help with your sexual harassment claim. These records should include details such as:

  • The nature of the harassment.
  • When the harassment took place.
  • Who was involved.
  • The location of the harassment.
  • If there were any witnesses.

In addition to keeping records of the harassment, it is also important to take the following actions:

  • Tell the harasser that their actions are making you uncomfortable and ask them to stop.
  • If the harassment continues, inform your manager and consult your employee handbook for information about formal complaints.
  • Consult a New Jersey sexual harassment lawyer.

Retaliation After Sexual Harassment in the Workplace

Employees should not have to fear speaking out against harassment. It is illegal for any employer to terminate, discipline, or otherwise retaliate against an employee who reports, complains, files a charge, or participates in an investigation regarding sexual harassment. This applies to both internal and EEOC claims. If you complained about harassment and were fired, denied privileges, or demoted as a result, you may be able to file a separate sexual harassment retaliation charge.

N.J.S.A. §10:5-12(d); Craig v. Suburban Cablevision, Inc., 140 N.J. 623, 639-630 (1995).

How Common Is Sexual Harassment?

According to recent surveys and statistics, sexual harassment in the workplace is more common than once thought. With the rise of the #MeToo movement, victims have reported repeated instances of sexual harassment in the workplace, spanning decades and across a spectrum of industries. The statistics speak for themselves:

Sexual Harassment in the Workplace Statistics

Sexual Harassment in the Workplace Statistics

Pursuing Damages for Sexual Harassment

In New Jersey, some of the damages you can pursue for sexual harassment include compensation for lost wages, lost benefits, emotional distress, lost job opportunities, and more, including potential reinstatement if you were wrongfully terminated. Given the complexity of these cases, consulting an experienced attorney is essential to ensuring you receive the compensation you deserve.

Representing Employers In NJ Sexual Harassment Claims

Employers need to take sexual harassment seriously, have effective policies, and strictly enforce these policies. Ignoring problems, minimizing employee complaints, failing to perform thorough investigations, or failing to take proper remedial action can create substantial liability for supervisors and employers.

Employers can avoid liability for sexual harassment if they can prove that:

  • They took steps to prevent or correct the harassment.
  • The employee did not heed or take advantage of their attempts to prevent or correct the harassment.

Our attorneys provide guidance to minimize potential risk and exposure. Our firm can help employers create employee handbooks and policies, provide a clear understanding of employment laws, and help companies avoid future employment law claims.

Our firm is highly experienced at helping employers create and implement effective harassment and anti-discrimination policies. We also specialize in investigating employee complaints, helping to implement remedial plans and vigorously defending claims when necessary. Any employer or individual accused of harassment (or allowing harassment) to occur should contact McOmber McOmber & Luber, P.C. at the earliest opportunity for a free consultation.

Sexual Harassment in the Workplace 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.

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  • 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 in the workplace include:

    • Actual or attempted rape or sexual assault;
    • Unwelcome deliberate touching;
    • Pressure for sexual favors;
    • Unwelcome and inappropriate comments;
    • Unwanted gifts or communications;
    • Treating employees differently based on their gender; and
    • Retaliation against an employee for a sexual harassment complaint.

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  • 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.”

  • 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.

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  • 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.

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  • 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.

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  • What is the Statute of Limitations for New Jersey Survivors of Sexual Abuse?

    Adult survivors of sexual assault have up to 37 years after turning 18 to file a civil lawsuit and recover damages for emotional or psychological injuries stemming from the abuse. Survivors of childhood sexual abuse can bring their claim up until they turn 55. Those over age 55 have up to seven years after they discover or realize they had been sexually abused to file a claim.

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