What Is the Importance of Sexual Harassment Training?

Witnessing or being the target of sexual harassment in the workplace is, at best, a touchy subject and, at worst—an anxiety-riddled experience that can cause trauma and stress. Sexual harassment is a form of discrimination based on gender or sex. It can be verbal, physical, or visual and occurs in person, over the phone, or online. Typically, there are two types of sexual harassment—quid pro quo and hostile work environment.

While quid pro quo focuses on an employee’s position being conditional so long as certain sexual advances are tolerated by a person in a position of power, a hostile work environment occurs when an employee is subjected to unwanted sexual conduct or materials that create an intimidating or offensive work environment. In the case of quid pro quo, a supervisor may offer work perks or favors in exchange for sexual favors. Threatening to demote an employee or preventing an employee from being promoted are also examples of such behaviors.

Meanwhile, sexually suggestive comments, lewd gestures, and being exposed to unwanted sexually explicit materials all qualify as creating a hostile work environment, Additionally, legal criteria stipulate the harassment must be eligible as severe, pervasive, intimidating, or abusive; and the employee feels their job is in jeopardy if they don’t accept the advances or continue to be subjected to materials.

What Are My Rights in New Jersey?

The New Jersey Law Against Discrimination (NJLAD) is a broad anti-discriminatory law that prohibits discrimination based on race, gender identity, religion, and several other identifiable characteristics and demographics. LAD also protects against sexual harassment. Although private employers are not required to provide sexual harassment training, they are responsible for providing an environment free from harassment. Therefore, those who provide training to employees show they are doing their due diligence to proactively address sexual harassment in the workplace. Such actions may come in handy to demonstrate that an employer has a process in place to prohibit such behavior should a case or charge be alleged.

Despite the best efforts to protect employees, some will use retaliation to silence anyone who attempts to file a sexual harassment charge. Statistics by the Equal Employment Opportunity Commission (EEOC) show that 55.8 percent of the complaints received during 2020 were related to retaliation after reporting a sexual harassment incident. This could constitute a separate claim if an employer did something to prevent an employee from protecting their rights.

It is also important to point out that a traditional office setting is not the only place where sexual harassment occurs. The EEOC reports that more than a quarter of charges are filed in service-sector industries by women in low-paying jobs. Such jobs include restaurants and food service, retail, manufacturing, and health care, to name a few.

The Bergen County Sexual Harassment Lawyers at Carcich O’Shea Will Protect Your Rights

The Bergen County sexual harassment lawyers at Carcich O’Shea know how difficult it can be to come forward when your job is on the line. But everyone deserves a hostile-free work environment. For an initial consultation, call 201-988-1308 or fill out our online form and let us guide you through this delicate process. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.