Practice Areas
Sexual Harassment / Hostile Work Environment
“Although estimates of the incidence of sexual harassment in the workplace vary, all estimates indicate that the problem is widespread. Estimates include: 53% of women having experienced sexual harassment at some point.” (quoted from the New Jersey Supreme Court opinion in Lehmann v. Toys R Us).
Sexual harassment typically takes one of two forms, both of which can create an unlawful hostile work environment. The first, known by the Latin name of quid pro quo harassment (meaning “this for that”), comes down to something very basic – a supervisor seeks sexual favors in return for his (or her) protection or assistance on the job. The second, and more common one, is when male co-workers or supervisors engage in conduct that attempts to demean, embarrass, or undermine a female employee.
Regardless of the form the harassment takes, an employer can be held legally responsible for the hostile work environment that results. This is so because it is the employer who controls the work environment and who has the ability to put an end to the harassment or to prevent it in the first place.
Winning a case involving sexual harassment and a hostile work environment is no easy matter. Employers will come up with a host of defenses, often going so far as to try to blame the victim herself for the harassment she endured.
Hostile work environments can also arise because of harassment based on an employee’s race, disability, or even religion. While the basis of the hostile work environment is different in each case, the legal approach to taking on these cases is essentially the same.
Attorneys Richard Schall and Patricia Barasch have nearly 40 years of combined experience representing employees in complex employment discrimination cases, including many cases involving sexual or other forms of harassment. If you believe you have been subjected to a hostile work environment, please contact our firm by completing the on-line Questionnaire accessible on every page of our website.
Practice Areas
Schall & Barasch LLC
Attorneys At Law
Moorestown Office Center
110 Marter Ave., Suite 302
Moorestown, NJ 08057
Tel. 856.914.9200
Fax 856.914.9420
This website is designed to provide general information only. It does not provide, nor is it intended to provide, legal advice of any kind. Instead, if you are in need of legal advice, you should consult with an attorney of your choosing who can review with you your individual situation.