Question

What Constitutes Sexual Harassment In New Jersey?

Sponsored Answer
Kenneth J. Katz - Employment & Labor - Super Lawyers

Answered by: Kenneth J. Katz

Located in New York, NYKatz Melinger PLLC

New York, NY
Phone: 212-460-0047
Fax: 212-428-6811

View Profile
Answer

There is no legal line in the sand to determine when behavior or comments constitute sexual harassment. Many actions can qualify, even if they don’t involve physical contact. The frequency and severity of the behaviors or comments can make a difference in determining whether they are considered sexual harassment under the law, but a lot depends of the circumstances of each particular case. 

The bottom line is that if you feel sexually harassed or that inappropriate sexual behavior is occurring in the workplace, you should report it to your employer. Your employer is responsible for providing a safe workplace, including one free from sexual harassment. Your employer cannot take adverse actions against you for reporting sexual harassment, such as firing, demoting, or failing to promote you solely for reporting sexual harassment. 

More on the legal definition of sexual harassment in New Jersey is below.  

Types of Sexual Harassment 

There are two main types of sexual harassment. The first, known as “quid pro quo” sexual harassment, refers to a request for a sexual act in exchange for a work-related benefit, or to avoid adverse job consequences. Any instance of this, whether said out loud or only implied, constitutes sexual harassment

The second type of harassment is behavior that creates a hostile work environment. This can mean many things and apply in many situations. Some behaviors that may make a work environment hostile include:

  • Inappropriate sexual advances. These are unwanted advances such as continuing to ask you out after being told no, inappropriate gestures, or inappropriate touching like groping or pinching.
  • Discriminating or disparaging remarks. This can include jokes or comments based on your gender, sexuality, or appearance. 

It Doesn’t Matter Who The Harasser Is 

There are many misconceptions when it comes to sexual harassment in the workplace. Co-workers, your boss, contractors, vendors and even customers can commit sexual harassment. This includes people who are of the same gender as you. In any of these cases, it is your employer’s responsibility to take action and create a safe environment. Employers who do not actively prevent sexual harassment are a part of the problem and can be held responsible for failing to protect employees. Your employer must take any claims of sexual harassment seriously and do what they can to stop it. 

The Right To Report 

If you feel that you have been sexually harassed, speak with an experienced employment law attorney about your experiences to determine your next steps. This can include taking your employer to court, but there are also other options available for employees who have been sexually harassed.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Kenneth J. Katz

Photo of Kenneth J. Katz

What Constitutes Sexual Harassment In New York?

Courts in New York State have adopted the definition of sexual harassment provided under federal law. Typically, behavior that includes (1) asking …

Sponsored answer by Kenneth J. Katz

Photo of Kenneth J. Katz

Which Employees In New York Are Entitled To Overtime Pay?

Many employees in New York are eligible for overtime pay if they work more than 40 hours per week. Unless an employee has a job that is specifically …

Sponsored answer by Kenneth J. Katz

Photo of Kenneth J. Katz

Can I Get Paid Overtime In New Jersey Even If Salaried?

Many salaried employees in New Jersey must still receive overtime pay despite being compensated on a salary basis. Your eligibility for overtime pay …

Sponsored answer by Kenneth J. Katz

Other Answers About Sexual Harassment

Photo of Kenneth J. Katz

What Constitutes Sexual Harassment In New York?

Courts in New York State have adopted the definition of sexual harassment provided under federal law. Typically, behavior that includes (1) asking …

Sponsored answer by Kenneth J. Katz

Photo of Brittany Stevens

What Should I Do If My Boss Is Sexually Harassing Me In New York?

Sexual harassment in the workplace is unacceptable, particularly when it comes from a boss or supervisor. If you have experienced this, you should …

Sponsored answer by Brittany Stevens

Photo of Kevin M. Costello

Can I sue for sexual harassment in New Jersey?

Yes, you can. You are not expected to put up with sexual harassment in the workplace. Sexual harassment has no place in our culture. It is not …

Sponsored answer by Kevin M. Costello

Call Me
212-460-0047

To: Kenneth J. Katz

Super Lawyers: Potential Client Inquiry

Disclaimer »
Privacy Policy »
*Required fields
Page Generated: 0.71801090240479 sec