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What is sexual harassment? And what can you do about it?
Sexual harassment violates Title VII of the Civil Rights
Act and state anti-discrimination laws. It is any unwanted
sexual advance, request for sexual favors or other verbal
or physical conduct of a sexual nature, when submission to
or rejection of the conduct affects the continuation of
your employment or the terms of your employment, such as
raises, promotions or good assignments.
Sexual harassment also includes conduct that creates an
intimidating, hostile or offensive work environment. It
includes, but does not necessarily require, assault and
offensive physical contact. It can also include verbal
abuse, such as propositions, lewd comments and sexual
insults, as well as the display of material of a sexual
nature in a manner designed to embarrass or intimidate an
employee.
If you are subjected to sexual harassment, it is extremely
important that you speak up and object. Sexual harassment
is not your fault! Tell the harasser that you object to
the behavior. Report the harassment to the Human Resource
Department or other applicable management office that is
responsible for personnel matters. This is a very
important step. Your employer will not be held legally
responsible for the harassment unless they know about it.
Court decisions have held that when management is notified
of sexual harassment, it is legally obligated to take
steps to stop it. Talk to co-workers about whether anyone
else is having the same problem and report it to your
union, if you have one. Keep accurate notes on what
happened and when.
If the harassment continues, you may have the basis for a
discrimination charge and lawsuit against your employer.
Before you can file a lawsuit in Federal court, you are
first required to file a charge of discrimination with the
Equal Employment Opportunity Commission and your state
human relations commission. (Employees in New Jersey can
file suit in state court under the New Jersey Law Against
Discrimination without filing charges first.) There are
very specific, relatively short deadlines for filing
charges of discrimination, so it is important that you
seek legal advice promptly if you are subjected to illegal
sexual harassment.
If a court finds that your employer is liable for the
harassment you experienced, and you suffered adverse
consequences as a result (such as termination, denial of a
raise, denial of a promotion or extreme emotional
distress) you may be entitled to back pay, compensatory
damages and punitive damages. |
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Disclaimer:
Materials on this site have been prepared by Freedman & Lorry, P.C. for general informational purposes only.
These materials do not, and are not intended to, constitute legal advice. These materials may be considered
advertising in your state. Freedman & Lorry, P.C. does not wish to represent anyone desiring representation
based upon viewing this site in a state where this site fails to comply with all laws and ethical rules of
that state. The information provided at this website is not privileged and does not create an attorney-client
relationship with Freedman & Lorry, P.C. or any of the firm’s lawyers. The act of sending an e-mail to
Freedman & Lorry, P.C. or any attorney at Freedman & Lorry, P.C., or submitting a form response or other
materials through the site, will not create an attorney-client relationship. If you are not currently a client
of Freedman & Lorry, P.C., your e-mail will not be privileged and may be disclosed to third persons. This
website is not an offer to represent you. You should not act, or refrain from acting, based upon any
information at this website. You should also be aware that should you e -mail us, your e-mail will not
constitute a privileged communication because it may be read by third parties in transit. If you send e-mail
to us, you confirm that you understand and agree that law firm will have no duty to keep confidential the
information you are transmitting to law firm. |
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For more information e-mail us at:
info@freedmanlorry.com. |
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