Sexual harassment in the workplace is a serious issue that affects employees across all industries. It can create a hostile work environment, harm your career, and take a toll on your emotional well-being. Recognizing the signs of harassment and knowing how to report it are essential steps toward protecting yourself and fostering a safe workplace.
If you’re experiencing sexual harassment, Swartz Swidler is here to provide confidential legal support and fight for your rights.
What Is Sexual Harassment in the Workplace?
What Is Sexual Harassment in the Workplace?
Sexual harassment includes any unwelcome conduct of a sexual nature that interferes with an individual’s work or creates an intimidating, hostile, or offensive work environment. It is prohibited under federal and New Jersey laws.
1. Federal Protections (Title VII of the Civil Rights Act):
Sexual harassment is classified as a form of sex discrimination and is illegal for employers with 15 or more employees.
2. New Jersey-Specific Protections (NJLAD):
The New Jersey Law Against Discrimination (NJLAD) extends these protections to employers of all sizes and includes additional safeguards for gender identity, sexual orientation, and marital status.
3. Types of Sexual Harassment:
- Quid Pro Quo: When employment decisions (e.g., promotions or terminations) are conditioned on sexual favors.
- Hostile Work Environment: A pattern of unwelcome behavior, such as offensive jokes, comments, or physical advances, that makes the workplace unbearable.
Examples of Sexual Harassment:
- Inappropriate or suggestive comments.
- Sharing offensive images or sending explicit messages.
- Unwelcome physical contact, such as touching or groping.
- Persistent advances despite rejection.
Common Signs of Sexual Harassment
- Unwanted Advances
- Repeated flirting, sexual comments, or pressure to engage in a personal relationship.
- Retaliation for Rejection
- Facing exclusion from projects, negative performance reviews, or even termination after refusing advances.
- Hostile Work Environment
- A workplace where inappropriate behavior, offensive jokes, or harassment is normalized.
- Favoritism Tied to Sexual Conduct
- Promotions or preferential treatment given based on sexual relationships.
- Subtle Coercion
- Implicit pressure to conform to inappropriate workplace norms or tolerate offensive behavior.
The Impact of Sexual Harassment
1. Emotional and Psychological Effects:
Sexual harassment often leads to stress, anxiety, depression, and feelings of humiliation.
2. Career Consequences:
Victims may miss out on promotions, face wrongful termination, or feel compelled to leave their jobs.
3. Workplace Culture Damage:
Harassment negatively affects employee morale, leading to high turnover and decreased productivity.
What Are Your Rights Under the Law?
1. Federal Protections:
Under Title VII, employers are required to prevent and address sexual harassment in workplaces with 15 or more employees.
2. New Jersey Protections:
NJLAD applies to all employers in the state, regardless of size, and prohibits harassment based on gender, sexual orientation, or other protected characteristics.
3. Filing Deadlines:
- EEOC Complaint: File within 300 days of the harassment.
- NJLAD Claim: File a lawsuit within two years of the incident.
Steps to Take if You Experience Sexual Harassment
Steps to Take if You Experience Sexual Harassment
1. Document the Incidents:
- Keep a written record of every incident, including dates, times, locations, and details of what occurred.
- Save any relevant emails, texts, or other communications.
2. Review Your Company’s Policies:
- Familiarize yourself with your employer’s anti-harassment policy and reporting procedures.
3. Report the Harassment Internally:
- Notify your HR department or supervisor in writing.
- Follow the company’s formal complaint process.
4. Seek Legal Advice:
- Consult an experienced employment attorney to evaluate your case and advise you on your rights.
5. File a Formal Complaint:
- Submit a claim to the EEOC or the New Jersey Division on Civil Rights (DCR).
How Swartz Swidler Can Help
1. Free Case Evaluations:
We offer confidential consultations to assess your situation and determine the best course of action.
2. Proven Track Record:
Swartz Swidler has helped countless employees in New Jersey achieve justice and compensation for sexual harassment.
3. Comprehensive Legal Support:
From gathering evidence to filing claims and representing you in court, we’ll stand by you every step of the way.
Tips for Preventing Sexual Harassment in the Workplace
For Employees:
- Educate yourself on your rights and workplace policies.
- Set boundaries and report inappropriate behavior early.
For Employers:
- Implement clear anti-harassment policies.
- Provide regular training and create a culture of respect.
- Establish an anonymous reporting system to encourage accountability.
Conclusion
Sexual harassment has no place in the workplace. By recognizing the signs, documenting incidents, and taking decisive action, you can protect yourself and hold perpetrators accountable.
If you’re experiencing sexual harassment, don’t face it alone. Contact Swartz Swidler today for a confidential consultation and take the first step toward justice and a safer workplace.
Free Download – Recognizing and Reporting Sexual Harassment in the Workplace.
Take the first step toward creating a safer workplace with our FREE guide, “Recognizing and Reporting Sexual Harassment in the Workplace.“
This comprehensive resource is designed to empower employees with:
- Clear definitions and examples of sexual harassment.
- Step-by-step guidance on documenting incidents.
- Practical advice on navigating workplace policies and filing complaints.
- Insights into your legal rights under New Jersey and federal laws.
Download the guide today and gain the confidence to recognize, address, and report harassment effectively. Whether you’re dealing with inappropriate behavior or simply want to be prepared, this guide is an invaluable tool for protecting your rights.
