Sexual Harassment Lawyer Toms River, NJ
A Toms River, NJ sexual harassment lawyer knows that some of the most damaging and costly issues that develop in the workplace are those related to sexual harassment. When sexual harassment is allowed to occur, it creates an environment that is less productive and opens the possibility for serious lawsuits. It’s important for both employers and employees to understand their rights and responsibilities regarding sexual harassment. For employers, it provides a better understanding of what is required and how to prevent harassment. For employees, it serves as guidance for knowing what behavior rises to harassment.
Harassment Under New Jersey Law
Sexual harassment is prohibited by federal, state, and local laws. Under New Jersey law, sexual harassment is defined as any sexual advances or requests for sexual favors when they are not welcomed. Additionally, sexual harassment includes any conduct of a sexual nature when:
- Submission to such conduct is an implied or express condition of the victim’s employment
- Submission to or rejection of such conduct is used as a basis for employment decisions related to the victim
- Such conduct substantially interferes with a victim’s work performance or creates an intimidating, hostile, or offensive environment
It is a civil rights violation for a person to engage in sexual harassment, and if this happens to you, you should seek out the help of a Toms River sexual harassment lawyer. Further, an employer is considered responsible for the sexual harassment of employees if the employer is aware of the conduct and does not take reasonable corrective measures.
While sexual harassment is usually thought of as being sexual in nature, it does not need to be. Sexual harassment occurs when offensive remarks are made about a person’s gender. For example, a woman is sexually harassed if a person makes offensive comments to her about women generally. Victims and harassers can be either a man or a woman. Further, it is also possible for sexual harassment to occur between a victim and a harasser of the same gender.
It is the responsibility of the employer to prevent sexual harassment. One of the ways in which this is accomplished is through the adoption and use of a sexual harassment policy. Ordinarily, this policy is part of the employee handbook that all employees should be given. The sexual harassment policy should contain the following:
- Definition of sexual harassment
- A statement that harassment will not be tolerated, with disciplinary action for those who commit it
- A description of the procedure victims should take to file a complaint
Employers should also provide training and education on sexual harassment to both employees and those in supervisory or managerial roles. This training should explain what sexual harassment is, how complaints should be filed, and how complaints should be investigated and addressed.
Legal Assistance Is Available
If you have been a victim of sexual harassment in the workplace, contact a skilled Toms River sexual harassment lawyer from DeNoia, Tambasco & Germann. There are legal steps that you can take to not only make sure the party or parties guilty of the harassment stop the abuse, but also make sure you are compensated for the losses this behavior has caused you.