Although sexual harassment by supervisors and/or coworkers is commonly known to be illegal, sexual harassment by nonemployees also violates state and federal law. Given the challenges of proving a nonemployee sexual harassment claim, it is crucial to have an experienced New Jersey sexual harassment attorney at your side.
At Castronovo & McKinney, LLC, we are dedicated to eliminating workplace harassment in all its forms, including nonemployee sexual harassment. If you have been subjected to unwanted sexual advances or offensive comments by a client, customer, or vendor at your workplace, you may have a viable third-party harassment claim.
The best way to protect your rights is to have the informed representation we provide. We believe that no one should tolerate sexual harassment and know how to hold employers accountable for nonemployee sexual harassment. Contact our office today to learn about your legal options.
Protecting New Jersey Workers Against Nonemployee Sexual Harassment
Sexual harassment in the workplace is a form of unlawful sex-based discrimination under federal and state law. Harassment may involve a supervisor making unwanted sexual advances in return for an employment benefit (e.g. job offer, raise, promotion). This is referred to as quid pro quo sexual harassment. Another form of harassment arises when anyone in the workplace engages in offensive conduct that creates an intimidating, abusive, or hostile work environment.
Nonemployee sexual harassment can be committed by a client, customer, vendor, delivery person, or anyone who enters the workplace and interacts with employees. Third-party sexual harassment claims can be based on either form of harassment, depending on the circumstances.
For example, a client who predicates closing a deal with a salesperson on engaging in sexual behavior may have committed quid pro quo harassment. A more common scenario may involve a delivery person or other visitor repeatedly asking an employee out on a date, after being told no. This may fall under the banner of a hostile work environment.
In any event, an employer who knew, or reasonably should have known, about nonemployee harassment and failed to stop it may be held liable. If you have been subjected to third-party sexual harassment in your workplace, it takes an experienced New Jersey employment lawyer to protect your rights.
Why You Need a Nonemployee Sexual Harassment Attorney
Proving third-party sexual harassment claims can be challenging. There must be evidence that your employer knew about the harassment, which means you or a witness must have filed a sexual harassment complaint. It is also necessary to show that the harassment negatively impacted the working conditions. This is where Castronovo & McKinney, LLC comes in. We will conduct an extensive investigation by:
- Obtaining and reviewing personnel records
- Interviewing witnesses, including the accused
- Obtaining data about onsite visitors
- Reviewing video surveillance
Our sexual harassment attorneys will handle all the details of your claim, take over all communications with your employer and opposing counsel, and work to achieve the best possible outcome whether through negotiation or litigation.
We know how to get results at the bargaining table and in the courtroom. Above all, we will always work in your best interest and fight to protect your employment rights.
Depending on the circumstances, you may be awarded damages such as:
- Lost wages (e.g. back pay, front pay)
- Pain and suffering
- Emotional distress
- Liquidated damages
- Punitive damages
- Attorneys’ fees and court costs
At Castronovo & McKinney, we handle all sexual harassment claims on a contingency basis. This means there is never a fee until we recover for you.
Preventing Third-Party Sexual Harassment in New Jersey
Despite the fact that employers have less control over nonemployees than staff members, an employer that knows about third-party harassment must take the appropriate corrective action, such as:
- Reassign the victim so that he or she no longer interacts with a certain client
- Terminate the business relationship with the client
- Tell the client, customer, or visitor to stop harassing the employee
- Expel the client, customer, or other visitor from the premises
If you are facing a third-party sexual harassment claim, an employment lawyer can advise you of the best course of action and lines of defense.
Contact Our Experienced New Jersey Nonemployee Sexual Harassment Attorneys
If you have been the victim of nonemployee sexual harassment you may have concerns about taking legal action against your employer. You should know that employers are prohibited from retaliating against employees who complain about or report sexual harassment. If you have been fired, demoted or disciplined for complaining about nonemployee harassment, you may also have an employment retaliation claim.
Regardless of the circumstances you are facing, you have a right to work without fear of being harassed by nonemployees. Let the legal team at Castronovo & McKinney help you stand up for your employment rights. Contact our office today so we can start working on your claim.
Castronovo & McKinney, LLC helps clients with their sexual harassment claims throughout New Jersey including Bergen County, Essex County, Middlesex County, and Morris County as well as the cities Hackensack, Newark, New Brunswick, and Morristown.