Westfield Employment Lawyers Answer New Jersey Harassment FAQs
↓As a full-service law firm focused on employment law, Cashdan & Kane, PLLC in Westfield, New Jersey has substantial experience in seeking justice for people who have suffered harassment in the workplace. The laws affording protection against this form of discrimination are complex and people often need clarification to determine if they have a valid claim. The following are some of the questions we are asked most frequently:
- What is quid pro quo workplace harassment?
- What is unwelcome conduct that could be considered harassment?
- What is sexual harassment?
- What other forms of harassment are legally actionable?
- What are common examples of harassment?
- Do I have to file a charge with the EEOC?
- Why should I hire an attorney to represent me in a sexual harassment claim?
↓What is quid pro quo workplace harassment?
Quid pro quo harassment happens when your supervisor or another person of authority in the workplace makes improper demands on you in exchange for an actual or promised job action beneficial to you, such as a promotion or pay raise, or accompanied by threat of an adverse job action, such as termination.
↓What is unwelcome conduct that could be considered harassment?
Unwelcome conduct is any action by a person in a position of authority that makes the worker to whom it is directed feel intimidated, uncomfortable or abused. Unwelcome conduct can constitute a hostile work environment if it is so severe or widespread as to make a reasonable person believe that working conditions have changed.
↓What is sexual harassment?
Sexual harassment can be either quid pro quo harassment, in which someone requests sexual favors, or hostile work environment harassment, in which the unwelcome conduct relating to sex is severe and pervasive. Sexual harassment may also include misconduct directed against someone because of their gender identity or sexual preference.
↓What other forms of harassment are legally actionable?
Harassment claims can be filed for discrimination based on any personal characteristic protected by law. This may include race, religion, nationality, age and other factors. Claims can be made not only by employees but also by independent contractors, job applicants and other people regularly in the workplace for business reasons.
↓What are common examples of harassment?
Quid pro quo harassment may include offering you a promotion or pay raise in return for sexual favors and/or threatening to fire you if you refuse. A hostile work environment may involve such conduct as racial or religious slurs, sexual remarks, offensive emails or posted materials and unwelcome touching, whether or not directed at specific employees.
↓Do I have to file a charge with the EEOC?
If you believe you are being harassed, your first step should be to lodge a complaint with the company’s human resources representative if there is one, or else with the top executive. This creates a record supporting a legal claim if the harassment does not stop. You then have the option of filing a complaint with either the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
↓Why should I hire an attorney to represent me in a sexual harassment claim?
It’s vital to have a thorough analysis of whether you have a viable harassment claim in order to determine what remedies may be available. An experienced employment discrimination attorney will be able to advise you on what path your claim should take and can develop the evidence and legal arguments needed to promote a successful outcome.