Workers in New Jersey have certain legal options available for cases of sexual harassment. Sexual harassment is explicitly defined by New Jersey law and includes: requests for unwanted or improper sexual advances or activities, sexual favors and other verbal or physical misconduct. When unwanted or improper behaviors become so chronic that it creates an offensive work environment or results in adverse work event, it becomes unlawful. Sexual assault is different than harassment andi includes the sexual penetration of a person without that person’s consent or of a person incapable of consent. It can further be distilled down to “an unwanted sexual act by force or threat.”
Self-defense (or Self-Protection) Training
It is also about awareness and learning how to be strong-willed and standing up for yourself. These self defense techniques does not require a huge amount of strength to fight, it takes only an idea of what to do and how. It teaches you to use your mind to escape from unwelcomed situations and start collecting details of these incidents that might be occurring face to face or through printed mails or messages. That being said, if you are in a hostile work environment, it is important to collect all evidence and report it immediately to your supervisor first. If it does not end the harassment, you will have to make a report to Human Resources. If reporting does not bring an end to the unwanted behavior then you should take a legal action against it.
Employment Law for the Cases of Sexual Harassment in New Jersey
Most states have replaced the common law definition of rape with statutes defining sexual assaults. The applicable statutes in New Jersey for cases of sexual harassments are both state and federal. Both state and federal prohibits sexual discrimination or any form of sexual harassments.
A person who is accused of sexual harassment can face many difficulties such as job loss or financial instability but when you consider their behavior, punishment is often warranted. In order to build a strong case, consider working with experienced employment lawyer and file a sexual harassment claim with Equal Employment Opportunity Commission (EEOC). It will investigate and if it finds your claim valid, may facilitate a settlement between you and the company. You have various avenues for seeking compensation for not only the physical harm but also the mental harm and distress that you suffered.
Steps that should be taken by management and owner to create a harassment-free workplace
Taking Precautionary Steps Now Can Save Trouble Later on:
- Management and ownership should take harassment complaints seriously; often a sternly written warning stops the harassment behavior.
- Management and ownership should be trained to be able to spot potential cases of sexual harassment
- They should act in a manner responsive to the problem.
If you have questions about what exactly is considered as sexual harassment, please consult legal counsel.
Sexual harassment is prohibited and against the law. If you need any help regarding these matters, find a competent and experienced lawyer that is knowledgeable in these laws to get you the help you need.