Sexual Harassment

Moorestown Sexual Harassment Lawyer

Protecting Your Rights & Interests Through Aggressive Legal Representation

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 Moorestown 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 an attorney today by calling (856) 242-8491 or 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.

Types of 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. 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. Any documentation of the inappropriate behavior (pictures, screenshots, videos, etc.) will also be helpful. The more documentation you have, the stronger your argument will be.

Sexual Harassment Discrimination

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 job discrimination lawyers ASAP.

Contact Moorestown Sexual Harassment Lawyers Schall & Barasch LLC

While it may have declined during the past year due to COVID-19, sexual harassment in the physical workplace is still happening. In many cases, reduced staffing has created an environment with less oversight and accountability. And while masks have provided a protective barrier of anonymity for some, that same anonymity can also give potential harassers a false sense that they can commit an offense without consequence.

No one should have to feel intimidated or unsafe in their own work environment. If you believe you’ve been subjected to sexual assault or harassment at work and would like advice, guidance, and strategy as to how to deal with it, we encourage you to set up a consultation with our firm.

To do so, please complete our online contact form or feel free to call us at (856) 242-8491.

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