New Jersey Sexual Harassment Attorneys

All employees should feel safe in the workplace. Men and women alike should feel like they can do their jobs without worrying about harassment, abuse, or unfair treatment. Unfortunately, the reality for many is that they deal with sexual harassment on a regular basis from a superior or co-worker, and it’s easy to blow it off as nothing if you aren’t aware of what behaviors constitute sexual harassment.

Examples of sexual harassment in the workplace include:

• Inappropriate, off-color jokes: Even the simplest off-color joke can be considered sexual harassment if it makes someone else uncomfortable, especially jokes about race, sex, ethnicity, or sexual orientation.
• Unwelcome physical touch: Unwelcome touch doesn’t have to be sexual in nature in order to be considered sexual harassment. Anytime someone initiates physical contact on purpose when it isn’t wanted, it may be harassment. 
• Derogatory comments: Women and men should be treated equally in the office, but sometimes, a joke or a comment is made about the other sex. Any comment that is derogatory to an individual’s gender can constitute sexual harassment, as well as sexually explicit comments or advances.
• Exchanging sexual favors: In situations of sexual harassment, a superior or executive may use sexual favors as a way to give an employee a better chance at a promotion. Some may offer a certain job or raise if the person does what they ask (quid pro quo). Any time your boss asks you to perform a sexual favor in exchange for something, it’s sexual harassment.
• Derogatory pictures: Along with inappropriate jokes, derogatory comments, and unsolicited physical touch, derogatory or sexually explicit pictures in the workplace can also fall into the category of sexual harassment.

Sexual harassment is a problem that deserves serious treatment by everyone in the office. Those who feel they may have been harassed in the workplace may benefit from speaking to a New Jersey sexual harassment attorney at The Law Firm of Morgan Rooks, P.C. to understand their rights and options.

• Related Blog: The Difference Between Harassment and Workplace Bullying

Different Types of Sexual Harassment

Common types of sexual harassment may include:

Verbal or Written Sexual Harassment

The most obvious form of sexual harassment is verbal or written sexual harassment. There is no ambiguity when a coworker sends you lewd pictures or makes suggestive comments. Written harassment can occur over text or emails, while verbal harassment can be directed at you or occur behind your back.

Physical Sexual Harassment

Unlike verbal or written harassment, physical sexual harassment in the workplace is not always easy to identify, because gestures or physical contact can be interpreted in different ways. Physical sexual harassment can be more obvious, such as unwanted intimate touching or kissing. Or it can be more ambiguous, such as suggestive hand gestures.

Visual Sexual Harassment

Visual sexual harassment is the most difficult to identify because it is so subjective. It can involve a co-worker making lewd gestures, displaying sexually explicit pictures, or even posing suggestively.

A sexually hostile work environment is a form of sexual harassment that makes it difficult for an employee to perform their job. It can happen when inappropriate comments, gestures, or conduct in the workplace create an uncomfortable or offensive atmosphere.

The law states that sexually offensive conduct becomes illegal when:

• It is severe or pervasive: The unwelcome behavior must be frequent enough or serious enough to create a hostile or abusive work environment.
• It creates fear and intimidation: A reasonable person in your position would have felt fearful, intimidated, or physically threatened at the time of the conduct.
• The victim’s job is affected: The harassment must be so severe that it changes how a person feels about their job. It may cause them to quit, get demoted, or lose their job altogether.

The literal translation of quid pro quo is “something for something” or “this for that.”  Quid pro quo harassment is a form of sexual harassment that involves the exchange of a sexual favor for a workplace incentive. The incentive may be a promotion or raise, but it can also be threatening in nature. For example, the perpetrator can insinuate that someone will not be fired if they perform a sex act.

Any kind of transaction that requires a party to engage in or be subjected to sexual activity is quid pro quo harassment and is illegal. If someone at work makes an offer to you involving your participation in sex acts, immediately consult with a NJ sexual harassment attorney.

• Related Blog: Quid Pro Quo Sexual Harassment: Is it Human Nature?