People expect to be treated fairly and respectfully by their employers. One expectation, created by federal and New Jersey law, is that they will work in an environment that is free from sexual harassment. Unfortunately, not every workplace complies with these mandates.

When an employee finds that he or she is a victim of sexual harassment, that individual has the right to take legal action against the employer. This is because such activity is a violation of Title VII of the Civil Rights Act of 1964, as well as of the New Jersey Law Against Discrimination.

Certain activities that create a hostile or intimidating work environment or unreasonably affect a person’s employment, either implicitly or explicitly, may be considered sexual harassment. Sexual harassment can take many forms including:

• Unwelcome sexual advances.
• Requests for sexual favors.
• Physical or verbal conduct of a sexual nature.

Workers who believe they may be the victim of sexual harassment should report the activity to a manager or supervisor or Human Resources Department via their employer’s complaint system.  They have the right to a fair investigation of their complaint, free from intimidation or retaliation. This is because retaliating against employees who report suspected illegal behavior is itself unlawful and actionable.

When the matter is reported to the Equal Employment Opportunity Commission that Agency will launch an investigation into the claim. In doing so, it will look at a variety of factors, including the context in which the alleged sexual harassment occurred, the nature of the alleged activities and the circumstances surround the alleged activities.

New Jersey law permits employees to proceed in court against their employers for employment discrimination without filing a claim in advance in a federal or state agency.  The lawsuit must be filed within two (2) years from the date of the adverse employment condition or action.

Employment law matters are always complicated. Those who believe they are victims of sexual harassment or retaliation will find it helpful to consult with an experienced employment lawyer who represents employees.

Source: U.S. Equal Employment Opportunity Commission, “Facts About Sexual Harassment,” Accessed Oct. 1, 2014