Unlawful Sexual and Gender Based Harassment
Unlawful Sexual Harassment
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Employment Law Attorney
There are basically two kinds of sexual harassment recognized by federal and New Jersey state law:
(1) Hostile-work environment – This kind of harassment occurs when an employer or agents of the employer (manager or non-manager) subject an employee to unwelcome sexual behavior (physical or verbal). A hostile work environment can exist if the unwelcome actions are severe or pervasive.
(2) Quid pro quo sexual harassment – This occurs when an employer (or agents of the employer) place terms and conditions of an employee’s continued employment on the return of sexual favors.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
- The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
- The harasser’s conduct must be unwelcome.
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
Have a question or legal matter that requires the advice of a NJ employment law attorney? Then contact Fredrick P. Niemann, Esq. at (855) 376-5291 or email him at email@example.com to arrange for a low cost consultation in our Freehold (Monmouth County) or at your place of business.
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