Understanding Same Sex Sexual Harassment
In New Jersey, sexual harassment at work is prohibited under both federal and state law. Third parties, supervisors and coworkers are all forbidden from engaging in sexually harassing behavior. Sexual harassment may happen between members of the opposite or same sex. If you have been the victim of workplace sexual harassment, the attorneys at Swartz Swidler might be able to help you.
Sexual harassment at work
Sexual harassment may occur when supervisors, coworkers or third parties subject employees to unwelcome conduct because of his or her sex. This prohibited conduct may include unwanted sexual advances, demands for sexual favors, sexual jokes or comments or other sexual conduct. When this type of behavior creates an environment that is offensive, hostile or intimidating, it is illegal. It is also illegal when the conduct is tied to an employment action such as threats of being fired. As long as harassment is targeted because of the victim’s sex, it is sexual harassment and does not have to be sexual in nature.
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Sexual harassment from members of the same sex
Sexual harassment by someone who is of the same sex is illegal. The Supreme Court has found that same-sex sexual harassment is prohibited by Title VII of the Civil Rights Act. Other courts have also ruled that harassment that is based on stereotypes about how men or women should act is illegal.
Sexual orientation is not a status that is explicitly protected under Title VII. Because of this, some courts have ruled that workers who are harassed because of their sexual orientation are not protected by federal law. Other courts have found that discrimination that is based on sexual orientation is illegal under Title VII because it involves gender stereotypes about the way in which women and men should act.
Local and state laws
New Jersey is one of a number of states that have laws that protect workers from discrimination based on sexual orientation. This means that workers in the state are protected against harassment based on both gender stereotypes and on their sexual preferences. This means that it might be easier for workers who have been the victims of harassment based on sexual orientation under state law.
Workplace policies
Many employers include prohibitions against discrimination based on sexual orientation in their company policies. If your company has a policy against sexual orientation discrimination, you have the right to protection at your job.
If you have experienced same-sex sexual harassment at your job, you may have legal rights. Schedule a consultation with the attorneys at Swartz Swidler to learn more about your potential claim.
Most Frequently Asked Question: Do I Have A Case?
While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page
Most Frequently Asked Question:
Do I Have A Case?
While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.
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Haddonfield, NJ 08033
Phone: (856) 685-7420
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Philadelphia, PA 19107
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Our Locations
Haddonfield Headquarters
9 Tanner Street, Ste. 101
Haddonfield, NJ 08033
Phone: (856) 685-7420
Fax: (856) 685-7417
Philadelphia Satellite Office
123 South 22nd Street
Philadelphia, PA 19107
Phone: (215) 995-2733