Although New Jersey has clear definitions as to when sexual harassment in the workplace has occurred, there is still lingering confusion as to what constitutes a violation of the law. People who believe they might have been victims of sexual harassment need to be completely aware as to when this behavior has taken place. Since it can be such a complex issue, it is imperative to have professional help with determining how to proceed.
Sexual harassment falls under the New Jersey Law Against Discrimination (LAD). There are different forms of sexual harassment. People who think that just because the behavior was verbal and not physical that it does not meet the criteria to be sexual harassment are often mistaken.
If, for example, a person at work is using obscenities, making sexually charged comments, touching another person in an unwanted manner, or showing pornographic material, it could meet the threshold of being harassing behavior.
This level of harassment can be part of a hostile work environment, or it can be quid pro quo. The latter would mean that the alleged harasser was trying to get the victim to take part in a relationship of some kind in exchange for advancement at work or to even keep their job. It would be a hostile work environment if it happens frequently and severely.
Employers are responsible for their employees’ behavior. If a person complains about being harassed, the employer needs to address it with an investigation and taking steps to put a stop to it. If they do not, they are likely to face legal problems as part of the case. In addition, employers cannot retaliate against a worker who files a complaint alleging sexual harassment.
People victimized by sexual harassment should not be afraid to speak up
Often people fail to act when they have been subjected to sexual harassment for fear of retaliation, because they think complaining will not yield any positive results, or they do not think anyone will believe them. Under LAD, they have rights and options. For assistance with pursuing a claim for sexual harassment in the workplace, it is important to have professional guidance with knowing what can be done.