If you have been a victim of sexual harassment in the workplace, you may be eligible for compensation. Sexual harassment attorneys will tell you that sexual harassment is a subtle form of discrimination. This is because the perpetrator singles out and mistreats the victim based on their sexual orientation or gender.
Many sexual harassment incidences exist in the workplace and most victims fear speaking out. Most of the time it is because the perpetrator threatens them and uses their employment as leverage. A Newark sexual harassment lawyer can help you evaluate your case for purposes of compensation. Sexual harassment manifests many ways including:
- Denying the employee equal pay or advancement opportunities at work
- Unwanted sexual advances
- Offensive language with sexual overtones
You are not under any obligation to tolerate unwanted sexual advances and overtures in the workplace. If you suffered emotional distress, we can help you obtain compensation you are entitled to. Emotional distress is “suffering in response to an experience caused by the negligence or intentional acts of another” (Legal Information Institute). Our legal team at Morelli Law Firm has someone on standby ready to talk to you. Call (212) 751-9800 for a free case evaluation.
It Is Your Right to Receive Legal Help
An employer can take advantage of a worker because they have the power to fire them and hire a replacement. As a result, victims of sexual harassment especially in the workplace do not dare to report the incidences because they do not want to lose their jobs. Under New Jersey law, you can recover compensation and you can also get reinstated.
A Newark sexual harassment attorney helps you understand your rights under both state and federal law. Thus, if you think your employer might be violating your rights, you should take action. Contact our attorneys at Morelli Law Firm and let us help you with the assessment of your case. Call today for a free consultation: (212) 751-9800.
Bringing a Sexual Harassment Claim
Both Federal and New Jersey law prohibits all forms of sexual harassment. Sexual harassment is a form of gender and sex discrimination that occurs in the workplace. The federal law that prohibits sexual harassment is Title /VII of the 1964 Civil Rights Act, according to the National Conference of State Legislatures. This law applies to employers with more than 15 employees.
You can follow all the internal procedures for reporting sexual harassment cases in the human resource department of your workplace. This action is only possible where Title VII law covers your employer. The employment handbook has internal guidelines for making an official report.
Narrowing down to the state of New Jersey, there is a law against discrimination that forbids sexual harassment. This law is more specific, and it offers greater protection because it applies to all employers irrespective of the number of employees they have. The law forbids an employer from retaliating against you for exercising your right under the law or when you help another person make a report.
There is a wide range of unwelcome sexual advances that amount to sexual harassment including:
- Requests for sex
- Requests for dates
- Physical actions of a sexual nature
- Explicit comments
- Jokes about sex
A Newark sexual harassment lawyer can help you in bringing a claim against your employer or another employee when faced with any of the above situations.
Newark Sexual Harassment Lawyer Near Me 877-751-9800
Sexual Harassment Claims
The law in New Jersey prohibits two types of harassment. The first one is the quid pro quo harassment and it occurs between a supervisor and an employee. A quid pro quo harassment happens when you face a tangible work action for submitting to or rejecting a sexual advance.
Some employers can go to the extent of promising you a job in exchange for sexual favors. Other employers may threaten you with termination, a decrease in pay, or a demotion when you reject their sexual advances towards you. In law, your employer is strictly liable for this type of harassment.
The second harassment that New Jersey law prohibits is a hostile work environment. In this type of harassment, you feel threatened and intimidated by another employee and often they will interfere with your work performance. Another co-worker can create a hostile work environment by initiating unwelcome sexual conduct towards you.
The conduct may include:
- Questions about your sexual history
- Repeated requests for dates
- Inappropriate/offensive jokes
- Sexual gift-giving
- Sexist remarks
Where your employer is aware of hostile work environment harassment and they do not take action, they suffer liability.
Sexual Harassment Is Not a Gender-Based Problem
Many stereotypes are revolving around the issue of sexual harassment. Many people think that it is a gender-based problem. They think that it happens to women only. Most people of the male gender do not file sexual harassment reports even when they receive unwelcomed advances from both their employees and their co-workers. A Newark sexual harassment lawyer will tell you that sexual harassment does not just happen to women.
Reasons Why Men Fail to File Sexual Harassment Reports
There are various reasons why men do not file sexual harassment reports. They include:
- Fear of experiencing mockery from other co-workers
- Believe that it is impossible for a woman or man to sexually harass a man
- Notion that harassment by another man implicates their sexuality
- Fear of embarrassment
As a result, some men would rather handle the issue themselves instead of filing an official complaint. The law against discrimination in New Jersey protects all persons in their workplace. It does not matter whether you are a man or a woman.
The law equally protects victims and witnesses from any form of retaliation from the perpetrator for reporting such problems. If you are a man and you have received unwanted sexual advances in the workplace, know that it is not acceptable and that there are ways to get help.
Call Today for Legal Help
The law prohibits sexual harassment. If you are struggling to find help with these types of matters, you can find a lawyer that understands these laws at Morelli Law Firm. Call us at (212) 751-9800 for your free consultation.