Sexual Harassment & Gender Discrimination
Under Title VII of the Civil Rights Act of 1964 (Title VII) and the New Jersey Law Against Discrimination (NJ LAD), sexual harassment is illegal in the workplace. Sexual Harassment is a specific type of discrimination that is based on an employee’s gender or sexual orientation. Examples of sexual harassment include:
- Quid pro quo (Latin, meaning “this for that.”) This form of sexual harassment conditions promotions, advancements, wage increases, special treatment, or favorable work assignments on the receipt of sexual favors and sexual propositions
- Unwelcome and inappropriate touching
- Unwanted or unwelcome advances and sexual innuendo
Sexually explicit language and jokes
Sexually explicit text messages
Workplace pornography or sexually explicit material on computer screens, posted on walls, emailed or otherwise passed around the workplace
Subjecting individuals to increased criticism or scrutiny, because of their gender or gender identity
Compensating an individual less than other individuals because of their gender or gender identity
Sexually harassing acts could be committed by the company owner, a supervisor, a manager, a co-worker, or even a customer. Sexual harassment is not limited to males sexually harassing females; it can be the sexual harassment of a female by another female, the sexual harassment of a male by another male, or sexual harassment of a male by a female. Sexual harassment can also occur based on an individual’s gender identity and sexual orientation. We take the necessary steps to end the sexual harassment and to obtain compensation for the victim.
Quid Pro Quo and Hostile Work Environment
Sexual harassment can be broken down into two larger categories: quid pro quo sexual harassment and hostile work environment.
Quid pro quo involves requests for sexual favors in exchange for special treatment. In exchange for sex, a management-level employee may offer a promotion or a raise. Similarly, a management-level employee may threaten to terminate, demote, downgrade or discipline an employee if sexual favors are not performed. There is no doubt that this behavior is illegal. We make certain that managers and supervisors who conduct themselves in this way are held accountable for the harm they do.
A hostile work environment is created by sexually explicit language and jokes in the workplace, among other behaviors. These actions do not have to be directed against any specific employee for them to be harmful and illegal. It is also illegal for an employer to retaliate against an employee who complains about a sexually hostile work environment, or other sexually-charged behavior in the workplace.
Discuss Your Case With a New Jersey Workplace Harassment Attorney
If your employer has discriminated against you on the basis of your sex or gender identity or retaliated against you for complaining about this type of discrimination, do not hesitate to contact us. We will aggressively advocate for your rights. The Law Firm of Morgan Rooks PC is on the employee’s side. To learn more about us and our success against employers who have violated our clients’ rights, contact us by phone at (800) 406-8013 or via email.