If you’re like most employees in Gloucester County and across New Jersey, you want to go to work, do your job well, and go home without incident at the end of the day. Unfortunately, however, you may be unable to do so if you experience sexual harassment while on the job. If you believe you have experienced sexual harassment at your workplace, it’s critical to understand that you have a number of rights and legal protections. The following blog explores what you should know about these matters, including the importance of connecting with a sexual harassment attorney in Gloucester County, NJ to help you understand your rights and fight for the justice you deserve.
What Constitutes Sexual Harassment Under New Jersey Law?
Sexual harassment at work is illegal in accordance with both New Jersey and federal law, and generally icludes unwelcomed sexual advances, requests for sexual favors, or any other conduct that constitutes a hostile work environment.
Generally, there are two different types of sexual harassment employees can face in the workplace. The first is referred to as quid pro quo harassment. This occurs when a higher-up, whether it’s your supervisor, manager, or a division leader, implies that any aspect of your employment is dependent upon whether or not you agree to their sexual advances. This can include threatening to fire or demote you, holding a raise or promotion over your head, or even offering special perks or benefits in exchange for your willingness to engage in sexual activities.
The other form of sexual harassment you can face occurs when someone creates a hostile work environment. This form of harassment is not limited to your higher-ups, but can come from anyone involved in your company, from coworkers and contractors to vendors and clients. Generally, anytime there are repeated sexual comments, jokes, inappropriate touching, or intimidation that makes it difficult or uncomfortable for you to do your job, it can be considered sexual harassment.
Common Examples of Workplace Sexual Harassment
- Offensive remarks or jokes about sexual orientation or gender identity
- Requests for sexual favors in exchange for work-related job benefits or perks
- Repeated or inappropriate comments about your body or appearance
- Isolating or excluding employees based on their sex
- Unwelcome physical contact
- Displaying sexually explicit content in the workplace
- Discussing sexual relationships or encounters in the workplace
Do I Have Legal Rights If I Experience Sexual Harassment at Work in Gloucester County?
If you are experiencing sexual harassment at your place of work in New Jersey, you have protections under both state and federal law that prohibit workplace discrimination and harassment based on sex.
While experiencing sexual harassment in the workplace can feel isolating, it’s critical to understand that there are several laws in place that protect your rights in the workplace. Under the New Jersey Law Against Discrimination, you’ll find that it is illegal for employers, regardless of how many employees they have, to tolerate sexual harassment of any kind in the workplace.
Federally, Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace in organizations with 15 or more employees. As such, you are able to file a complaint with the Equal Employment Opportunity Commission if you experience harassment in the workplace.
Your Key Legal Protections
- The right to work in an environment free from harassment
- Protection against retaliation for filing a report about harassment
- The right to report harassment internally or to the appropriate government agencies
- The ability to pursue legal action and seek financial compensation for damages
- Protection even in instances where the party harassing you is not a direct supervisor.
What Steps Should I Take if I Experience Sexual Harassment at Work?
If you are experiencing harassment at your Gloucester County workplace, or any location in New Jersey, for that matter, it’s imperative to understand that there are several steps you should take to document the behavior. This can ultimately help strengthen your claim and protect your rights.
Step-by-Step Actions to Protect Yourself
- Report the harassment to your employer or Human Resources department as soon as possible
- Keep copies of all documents and communications, including emails, internal reports, and complaints
- Keep a detailed record of all instances of harassment, including date, time, locations, witnesses, and a detailed account of the interaction
- Keep a record of how the harassment has impacted not only your work performance, but also your mental health
- Do not delete any relevant communications or evidence
Can My Employer Retaliate Against Me for Reporting Harassment in New Jersey?
Unfortunately, many employees are hesitant to report instances of workplace harassment for fear that their employer will retaliate against them. However, it is critical to understand that it is illegal for an employer to retaliate against you for filing a report regarding sexual harassment in the workplace or for participating in an investigation.
Examples of Illegal Retaliation
- Termination or reduction in hours after submitting a complaint
- Reducing pay or responsibilities
- Negative performance reviews without justification
- Isolation or exclusion from important meetings
- Harassment or intimidation following a report
Contact an Experienced New Jersey Workplace Sexual Harassment Attorney
At the Vigilante Law Firm, P.C., we believe no one should be afraid to go to work in Gloucester County. That is why our team takes pride in representing and fighting for those who have faced harassment in the workplace. If you are the victim of sexually-charged harassment, do not hesitate to contact our team today to learn how we can fight for you during these overwhelming and stressful times.
