If you or a loved one is experiencing sexual harassment in the workplace in Passaic, New Jersey, or a nearby area, you may have legal options. Our team at Morelli Law Firm represents clients in pursuit of compensation under these and other circumstances. A sexual harassment lawyer from our firm may be able to help you, too with a complimentary review of your case.
Knowing Your Legal Rights in a Sexual Harassment Case
Whether you can file a sexual harassment injury lawsuit may depend on whether the behavior you experienced was unwelcome and if your employer knew about it. Employers in the state of New Jersey are expected to take corrective action when they know about sexual harassment.
If you reported sexual harassment and your employer did not correct the problem, you may be in a position to recover file a lawsuit.
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Filing a Sexual Harassment Personal Injury Lawsuit
When you are ready to move forward with a sexual harassment injury case, important factors include how much time you have to file your lawsuit, who will be held liable, and what types of damages you can recover.
Statute of Limitations
The statute of limitations for personal injury in New Jersey applies to most sexual harassment lawsuits in the state as well. You generally have two years to file, according to NJ Rev Stat §2A:14-2.
However, any cases involving sexual crimes against minors must be filed within 37 years after they reach the ‘age of majority,’ or seven years after the date the injury was discovered.
The New Jersey Office of the Attorney General states that an employer may be held liable for sexual harassment you experience if:
- Your employer or supervisor harassed you.
- The supervisor knew about the harassment but did nothing to stop or prevent it, or they failed to correct it in a timely manner.
- The employer does not have a sexual harassment policy in place.
Types of damages in a sexual harassment case could include:
- Lost wages: These damages help make up for any time missed from work while your case was resolved.
- Payments for any treatments: Sexual harassment can be damaging and may require therapy or result in mental health issues, such as anxiety or depression.
- Pain and suffering/emotional distress: These damages are to atone for any emotional trauma or damage to your reputation you endured due to sexual harassment.
- Equity: This refers to an order stating that you may return to work in a non-hostile environment and without fear of repercussions.
In rare cases, some sexual harassment victims can receive punitive damages. These are meant to punish the perpetrator in hopes of avoiding future instances of sexual harassment. If you are unsure whether you have a case or what damages you may be able to recover in Passaic, consider seeking help from a sexual harassment lawyer with our firm today.
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Types of Sexual Harassment You Can Sue For
While there are many ways that sexual harassment can occur, two main types of sexual harassment are recognized in injury cases: quid pro quo and hostile environment harassment.
Quid Pro Quo
Quid pro quo sexual harassment in the workplace takes place when:
- An employer tries to make sexual harassment a condition of your employment.
- An employer suggests or states that rejection of sexual advances will result in employment consequences (i.e., termination, demotion, loss of pay or bonuses, etc.).
There are many examples of quid pro quo harassment, but some include an employer offering or asking for sex and threatening to fire you or give you a bad performance review if you do not comply.
A hostile work environment is one that allows discrimination against an employee to occur, such as intimidation, hostility, or offensive actions. According to the State of New Jersey Department of Environmental Protection (NJDEP), this could include:
- Making sexual or inappropriate comments about gender roles
- Touching, grabbing, or pinching you
- Blocking your movement (e.g., standing in front of a doorway when you try to exit)
- Obscene or offensive comments or jokes
- Continuing with inappropriate comments, physical touching, or other sexual behaviors or advances after you have brought up the issue
Sexual harassment may also be explicit or implicit, and it does not always take place in front of others—it may occur via text messages, emails, phone calls, or while leaving the workplace.
Working with a Sexual Harassment Lawyer from Our Firm
A sexual harassment lawyer from Morelli Law Firm can help you with your case in a number of ways, from determining what damages you may receive if successful to identifying whether your employer can be held liable. Our team can provide:
- Confidence: You can rest assured that we will handle your case with care.
- Security: We will ease your concerns and keep you updated throughout the process.
- Communication skills: Communicating with the defendant’s lawyers can be a delicate but important task, so we will handle it for you.
- Help with the most difficult tasks: It is no easy feat to determine liability and prove that your employer failed you during a case of sexual harassment. A lawyer from our team will leave no stone unturned in building a strong case for you.
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The Attorneys at Morelli Law Firm Can Help with Your Case
Filing a sexual harassment lawsuit can help you recover damages for the harm you suffered at the hands of a negligent employer or out-of-line coworker.
You can learn more when you get in touch with our team and begin your free consultation. Contact Morelli Law Firm today at (212) 751-9800 for more information.