Moorestown, NJ Sexual Harassment Lawyers
Protecting Your Rights & Interests Through Aggressive Legal Representation
in New Jersey
The law requires an employer who learns of harassment to take “prompt
and effective remedial action” to correct it. However, many employers
fail to do so. This is particularly so when the harasser is a high-level
executive or otherwise seen as valuable to the employer.
The harasser may wield control over the harassed individual’s employment
opportunities. This creates a power imbalance. Unfortunately, far too
many victims of harassment fail to report this action because they fear
retaliation.
Data shows that approximately 3 out of 4 individuals subjected to harassment
don’t report it. The experienced attorneys at
Schall and Barasch LLC have worked with a wide range of victims of sexual harassment and can
help you with your case.
Speak with our
New Jersey sexual harassment attorneys today by filling out our
online form.
Sexual Harassment in the Workplace
The recent #MeToo movement illuminated the dynamics of sexual harassment.
We now know how prevalent it is in the workplace. It is apparent that
those in positions of power have abused their control. They use their
power and influence to sexually harass and assault both women and men.
Victims of abuse do not always come forward to complain. Given the danger
of retaliation, it’s hard to blame them.
Most of the recent news focused on high-profile men in the media: the Harvey
Weinstein’s, Bill O’Reilly’s, and Matt Lauer’s
of the world. We must stress: this conduct represents only the “tip
of the iceberg” with sexual harassment. Sexual harassment and sexual
assault affect working women in all walks of life – from waitresses,
to saleswomen, to architects and even lawyers.
Don’t forget: men can also be victims of sexual harassment and assault.
Sexual harassment is an underreported phenomenon to begin with. Men frequently
avoid reporting sexual harassment for many of the same reasons women do.
The attorneys at Schall and Barasch LLC fight for all victims of sexual
assault and harassment regardless of gender.
What Is Considered Sexual Harassment?
Sexual harassment includes any type of unwelcome verbal or physical sexual
advances and In some cases, it may constitute a criminal act. It creates
a hostile work environment. Sexual assault, on the other hand, is always
classified as a criminal act. This refers to physical sexual contact or
behavior that the victim did not consent to.
Examples of sexual assault include the following:
- Rape (penetration of the body of the victim)
- Attempted rape
- Unsolicited sexual touching or fondling
- Forcing a victim to perform sexual acts (oral sex, penetration of perpetrator’s
body, etc.)
Harassers will prey on those who they suspect are the most vulnerable.
They single out those who are young, and especially those who may have
experienced other difficult issues or trauma in their lives. They also
seek out victims who lack a strong social or family network.
How to Report Sexual Harassment in New Jersey
The first thing to do in many cases when you feel you’re being sexually
harassed is to ask the perpetrator to stop their behavior. As simple as
it sounds, sometimes clearly expressing your concern with the harasser
will be enough to deter their behavior. You may do this face-to-face or
through a written message.
If confronting the harasser makes you uncomfortable for any reason, go
straight to Human Resources or to some other supervisor or manager in
the company. If you are uncertain about to whom you should report the
harassment, it may be a good idea to consult with a sexual harassment
attorney for advice.
Most companies should have a handbook, manual, or personnel policies that
inform employees what to do in the case of workplace sexual harassment.
If your company has this, follow the instructions on dealing with sexual
harassment. If not, go to your supervisor or human resources department
and ask them what to do.
The Importance of Reporting Workplace Sexual Harassment
While this may be uncomfortable, it is a necessary step in formally filing
a complaint. According to the U.S. Supreme Court, failing to use an employer’s
internal complaint procedure and alerting the company of the harassment
could prevent you from filing a lawsuit. While making these initial complaints,
it is important that you document everything you are doing.
Having records of the times your company was made aware of the situation
will help you in the case that they don’t work to resolve it.
Helpful documentation of the inappropriate behavior include:
- Pictures
- Screenshots
- Videos
- And more
The more documentation you have, the stronger your argument will be.
Sexual Harassment Discrimination in the Workplace
Laws are in place that forbid discrimination in any area of employment.
These areas include the following:
- Hiring
- Firing
- Pay and Wages
- Job Assignments
- Promotions/Demotions
- Training
- Fringe Benefits
Sexual harassment can also include any offensive statements regarding a
person’s sex. For example, offensive, discriminatory, or derogatory,
inappropriate comments about women in general can be a form of sexual
harassment.
It is illegal for your employer to
retaliate against you for filing a complaint. If you faced threats or retaliation for coming forward about sexual harassment
in the workplace, you need to hire New Jersey
job discrimination lawyers ASAP.
