To be sexually harassed at work is an unfortunate circumstance, one that leaves you distressed and unsure of which steps to take. In order to address this situation correctly and effectively, you need to know your rights and how to proceed. Let’s discuss sexual harassment at work, including how to recognize it and the steps you can take to ensuring that your rights are protected.
Key Takeaways
- The NJLAD and Title VII of the Civil Rights Act of 1964 provide protections against sexual harassment and discrimination in the workplace.
- Be aware of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, as well as offensive remarks about a person’s sex or gender.
- Keep detailed records of every incident, including dates, times, locations, individuals involved, and any witnesses. Save emails, messages, or other communications as evidence.
- Follow your company’s procedures for reporting harassment, typically to your supervisor or HR department. If your supervisor is the harasser, report directly to HR or a higher-level manager.
Does New Jersey Have Laws Against Sexual Harassment and Discrimination in the Workplace?
Yes, New Jersey has robust laws that protect individuals from sexual harassment and discrimination in the workplace. Understanding these key legal protections can give you peace of mind but also help you recognize when your rights have been infringed upon. Let’s take a look at some of the legal protections available:
New Jersey Law Against Discrimination (NJLAD)
The NJLAD is one of the most comprehensive anti-discrimination laws in the country. It prohibits discrimination and harassment in the workplace based on various protected characteristics, including sex, gender identity or expression, and sexual orientation. Sexual harassment is considered a form of sex discrimination under the NJLAD. For example, the NJLAD prohibits creating a hostile work environment through unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The law also prohibits quid pro quo harassment, where submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual.
Title VII of the Civil Rights Act of 1964
This federal law can protect individuals throughout the country, not just New Jersey. Title VII prohibits employers from discriminating against employees on the basis of sex, among other protected characteristics. Sexual harassment is recognized as a form of sex discrimination under Title VII.
Recognizing the Signs of Sexual Harassment
Once you have learned the laws and regulations protecting you, it is important to stay informed about sexual harassement. That includes the signs of it. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It can also encompass offensive remarks about a person’s sex. Harassment does not have to be of a sexual nature, however, and can include offensive comments about a person’s gender. Both men and women can be victims of sexual harassment, and the harasser can be a supervisor, co-worker, or even a non-employee.
Document the Sexual Harassment
If you believe you are being harassed, start documenting every instance. Keep detailed records of what happened, including dates, times, locations, people involved, and any witnesses. Save any emails, messages, or other communications that support your claim. This documentation will be crucial if you decide to report the harassment or take legal action. Do keep in mind that, depending on the nature and severity of the harassment, it may be in your best interest to report the issue to someone as soon as possible.
Report the Harassment
Most companies have procedures for reporting sexual harassment and take them seriously. Follow your company’s guidelines, which often involve reporting the issue to your immediate supervisor or HR department. If your supervisor is the harasser, you should report the behavior directly to HR or a higher-level manager. Clearly state your complaint and provide your documented evidence. Some organizations also have a designated employee or ombudsperson to handle such complaints.
Seek Legal Advice
Consulting with an employment lawyer who takes on sexual harassment cases is a crucial step. An attorney can provide valuable guidance on your rights, help you navigate the complaint process, and represent you in legal proceedings if necessary. You can ask your discrimination lawyer their thoughts on the matter and how to proceed. Often, negotiations and settlements pertaining to sexual harassment can happen outside of court.
File a Formal Complaint Externally
If internal reporting does not resolve the issue, or if you feel that your complaint is not being taken seriously, you may need to file a formal complaint with an external organization. In fact, your legal advisor may also recommend this course of action if the internal complaint goes unanswered. In the United States, the Equal Employment Opportunity Commission (EEOC) handles such complaints. You can also file a complaint with your state’s fair employment agency. These organizations will investigate your complaint and can take action against your employer if they find evidence of harassment.
Surround Yourself With Support
Facing sexual harassment can be isolating, so it’s important to seek support from trusted colleagues, friends, and family. Additionally, consider joining support groups or professional networks that offer resources and emotional support. Engaging with these networks can provide a sense of solidarity and practical advice from those who have faced similar experiences.
Contact the Discrimination Lawyer of Swartz Swidler, LLC Today
Handling sexual harassment at work requires vigilance, documentation, and a thorough understanding of your rights. By taking these steps, you can effectively address the harassment, protect yourself, and contribute to a safer and more equitable workplace. Swartz Swidler, LLC has been advocating for employees’ rights since 2010. If you suspect you have been sexually harassed at work, contact our law office for a free consultation at 856-685-7420. We are here to fight for your rights and help you achieve the justice you deserve.
