Castronovo & Mckinney, LLC regularly prosecutes sexual harassment claims, including quid pro quo sexual harassment, throughout New Jersey. Despite the fact that all employees have a right to a workplace free from harassment, it is not uncommon for supervisors and others in a position of authority to engage in misconduct that constitutes quid pro quo harassment.
Our experienced sexual harassment attorneys are dedicated to eliminating workplace harassment in all its forms and work with employees to resolve quid pro quo harassment claims in and out of the courtroom. Well-versed in the applicable anti-harassment laws, we have a well-deserved reputation as dedicated advocates who provide our clients with powerful representation when they need it most.
Whether you are a worker who has been harassed by a supervisor or an employee, we will work to achieve a positive outcome through negotiation, arbitration, or litigation. Above all, we will always work in your best interests and help to protect your rights and reputation. Contact our Morristown or Manhattan office today to speak with an experienced New Jersey sexual harassment attorney.
In Focus: Sexual Harassment in New Jersey
The first thing to know is that sexual harassment is considered an unlawful form of discrimination under federal and state laws, including Title VII of the Civil Rights Act of 1964 (Title VII) and the New Jersey Law Against Discrimination.
Unlawful sexual harassment can occur in different ways and with varying degrees of severity and pervasiveness. Generally, there are two forms of workplace harassment, quid pro quo and hostile work environment. The latter involves comments, behaviors, or displays of a sexual nature that interfere with the victim’s ability to perform her or his job duties.
On the other hand, quid pro quo harassment occurs when someone in a position of authority — owner, executive, officer, director, supervisor, manager — makes sexual demands in exchange for an employment opportunity or job benefit (raises, bonuses, training, promotions).
A Closer Look at Quid Pro Quo Sexual Harassment in New Jersey
Quid pro quo generally means “this for that,” and in an employment setting, quid pro quo harassment may involve:
- A business owner offering a job applicant employment in exchange for sexual favors
- A manager altering an employee’s performance evaluation after she or he refuses a sexual demand
- A supervisor offering a raise, bonus, promotion, or other job benefits to an employee in exchange for a sexual favor
- An employer terminating an employee who refuses a sexual demand
- An employer retaliating against an employee who files a sexual harassment complaint
In short, when a person in a position of authority makes sexual advances or demands of an employee or job candidate, there may be a legal basis for a quid pro quo sexual harassment claim, even if only one instance of harassment occurred. Given the challenges of pursuing or defending a workplace harassment claim, it is crucial to have an experienced New Jersey sexual harassment lawyer in your corner.
Why Choose Castronovo & McKinney for Your Quid Pro Quo Harassment Claim
Our sexual harassment attorneys help victims of quid pro quo harassment pursue legal remedies available under state law, which applies to all employers regardless of size and does not require filing a claim with the New Jersey Division of Civil Rights before filing a lawsuit.
At the same time, we believe that many quid pro quo harassment claims can and should be resolved through alternative forms of dispute resolution, such as negotiation, mediation, and arbitration. When litigation becomes necessary, however, our trial-ready preparedness allows us to achieve positive outcomes in state court.
Regardless of the forum, we fight to help victims of quid pro quo harassment obtain just compensation. We also provide businesses facing sexual harassment claims with innovative defense strategies and work with them to design and implement anti-harassment policies and reporting procedures. Doing so can help to establish an affirmative defense against a workplace harassment claim.
Whether you believe you have been subjected to quid pro quo harassment or your business is facing a workplace harassment claim, it is crucial to have the trustworthy advice and counsel we provide. Above all, we will make your case our cause and work to protect your rights and interests in and out of the courtroom.
Recoverable Damages in a New Jersey Quid Pro Quo Sexual Harassment Claim
Although no two quid pro quo harassment claims are alike, victims may be able to recover damages, such as back pay, front pay, and emotional distress. Back pay, which is awarded when an employee is terminated or has an adverse employment action taken against them for complaining about harassment, includes:
- Lost wages
- Paid time off
- The monetary value of benefits (e.g. health insurance, retirement benefits)
Compensatory damages may also be awarded if the employee can demonstrate that he or she suffered emotional distress or reputational harm as a result of quid pro quo sexual harassment.
Compensatory damages include pain and suffering, and out-of-pocket costs (e.g medical bills for counseling, job search costs). Finally, if the employer was aware of the sexual harassment but failed to take corrective action, punitive damages may also be awarded.
It is worth noting that attorneys’ fees and legal costs are also available in a successful sexual harassment claim, which is why Castronovo & McKinney represents victims of quid pro quo harassment on a contingency basis; there is never a fee until we win compensation for you.
Contact Our Experienced New Jersey Quid Pro Quo Sexual Harassment Attorneys
At Castronovo & Mckinney, our employment law attorneys are highly experienced at resolving quid pro quo harassment claims through negotiation or litigation and achieving positive outcomes. When you become our client, you will have confidence knowing that our experienced sexual harassment attorneys are on your side. Contact our office today to set up a consultation.