Have You Experienced Sexual Harassment At Work?
No matter who you are or what you do for a living, you have the right to work free from sexist behavior and sexual harassment. Unfortunately, too many employees are subjected to sexual advances that are unwelcome and their rights are not being protected by company management. This can result in a hostile work environment as well as financial damage and adversarial employment conflicts.
If you have experienced sexual harassment at your job, you need to protect yourself by speaking to a skilled attorney. Here are some things to consider:
What is Considered Sexual Harassment?
Sexual harassment is any unwanted, disturbing, or annoying requests for sexual favors, verbal comments or sexist behavior, or physical conduct or advances that are considered sexual. Anyone can be sexually harassed by co-workers, the boss, or even subordinates and the orientation and genders of the victim and the harasser do not matter in the eyes of the law.
Quid Pro Quo Harassment
When you are asked for sexual favors in exchange for a promotion or raise, for example, this is called quid pro quo harassment. This kind of harassment occurs when an employee is required to engage in some kind of sexual activity to keep a job or move up the ladder. The harasser may be a manager, the owner of the company, or anyone with a supervisory role.
Hostile Work Environment Harassment
It is considered a hostile work environment when an employee is subjected to unwelcome conduct because of sexual orientation or gender. However, for it to be considered a hostile or abusive environment, the conduct must be severe enough that the employee feels it has altered their ability to do their job.
A hostile work environment can be created by various types of conduct: sharing or viewing pornography, sending sexual text messages and emails, or making gestures or remarks. Also, unwelcome sexual comments regarding a person’s physical appearance, any physical advances, or requests for sexual favors are considered grounds for a claim. Unwelcome and offensive conduct may form the basis of a hostile workplace.
Pursuing Damages in New York and New Jersey
Under New Jersey and New York state law, quid pro quo sexual harassment and hostile work environments are both prohibited. New York and New Jersey courts allow an employee to seek damages for lost wages, emotional distress, and possibly punitive damages. Additionally, they may also receive attorneys’ fees.
Meet with a Knowledgeable Lawyer from Carcich O’Shea
Businesses should be held accountable if they allow any kind of sexual harassment or let employees be harassed. If you have experienced sexual harassment at your workplace, meet with an experienced employment attorney to discuss your rights.