Sexual harassment is not only a violation of workplace policies but also a breach of federal and state laws designed to protect employees. It creates an unsafe and intimidating work environment, making it difficult for victims to perform their duties. Recognizing the signs of sexual harassment and understanding your legal rights are critical to addressing and preventing it.
What Is Sexual Harassment?
Sexual harassment involves unwelcome behavior of a sexual nature that affects an employee’s ability to work or creates a hostile work environment. There are two main types of sexual harassment:
- Quid Pro Quo: This occurs when job benefits, such as promotions or continued employment, are conditioned on accepting sexual advances.
- Hostile Work Environment: This arises when unwelcome sexual conduct interferes with an employee’s job performance or creates an intimidating, offensive, or abusive atmosphere.
Examples of sexual harassment include:
- Unwanted sexual advances or requests for sexual favors.
- Inappropriate touching, gestures, or comments.
- Displaying sexually explicit materials in the workplace.
- Persistent comments about someone’s appearance or personal life.
- Retaliation for rejecting advances or reporting harassment.
Your Legal Protections
Employees are protected from sexual harassment under several federal and state laws, including:
- Title VII of the Civil Rights Act: Prohibits harassment based on sex, including sexual harassment, in workplaces with 15 or more employees.
- New Jersey Law Against Discrimination (LAD): Offers broader protections against sexual harassment for employees in New Jersey, including in smaller workplaces.
Employers are legally required to address and prevent sexual harassment in the workplace. Failing to take action can result in liability for the employer.
What to Do If You Experience Sexual Harassment
If you are a victim of sexual harassment, taking these steps can help you protect your rights:
- Document the Behavior: Keep detailed records of incidents, including dates, times, witnesses, and any related communications.
- Report the Harassment: Follow your employer’s reporting procedures, typically through HR or a designated manager.
- File a Complaint: If your employer fails to address the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
- Seek Legal Advice: Consult an experienced employment attorney to evaluate your case and guide you through the legal process.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC specializes in representing employees who have experienced sexual harassment in the workplace. Our experienced attorneys can:
- Evaluate your case to determine if your employer violated state or federal laws.
- Help you file complaints with the EEOC or state agencies.
- Negotiate settlements to recover damages, including compensation for emotional distress and lost wages.
- Represent you in court to hold your employer accountable and seek justice for the harm you’ve endured.
We are committed to protecting employees from workplace harassment and ensuring they receive the support and compensation they deserve.
Take Action Against Sexual Harassment
If you’ve experienced sexual harassment at work, don’t wait to take action. Contact
Castronovo & McKinney, Sexual Harassment Attorneys today for a consultation. Let us help you protect your rights and create a safe workplace for yourself and others.
