If you have been subjected to sex discrimination or harassment in your workplace, the employment law attorneys at Castronovo & McKinney, LLC can help. Our practice is dedicated to protecting the rights of employees and ensuring that employers adhere to their legal obligations. When you become our client, you can rest assured that we will fight to protect your employment rights. Contact our office today for a consultation
Types of Sex Discrimination in New Jersey
Sex discrimination involves treating an employee or job applicant unfavorably because of his or her sex, sexual orientation, gender identity, or pregnancy. Generally, there are two types of sex discrimination. The first occurs when employment decisions are based solely on a person’s gender or sex. In particular, this can involve:
- Refusing to hire a pregnant woman
- Paying women less than men for the same work
- Promoting a man solely because of his gender rather than an equally qualified woman
In short, federal and state laws prohibit sex discrimination regarding any aspect of employment, including hiring, firing, pay, promotions, training, job assignments, employee benefits, or any other term or condition of employment. While these forms of sex discrimination are relatively straightforward, sexual harassment is also considered an unlawful form of discrimination.
Sex Discrimination Harassment
State and federal law forbid harassment of an individual because of his or her sex, sexual orientation, gender identity, or pregnancy. There are two forms of sexual harassment. The most common is referred to as a hostile work environment, which involves offensive conduct, comments, or displays by anyone in the workplace (supervisor, coworker, third party) that:
- Create a hostile, intimidating, or offensive work environment, and
- Interfere with a person’s ability to perform his or her job
Types of behavior that may create a hostile work environment include:
- Inappropriate touching
- Unwelcome sexual advances
- Sexually charged comments or jokes
- Intimidating movements (e.g. blocking, trapping)
Although women are more likely to be subjected to a hostile work environment, men can also be victimized. Moreover, sexual harassment is not limited to members of the opposite sex, and same-sex sexual harassment is also considered illegal sex discrimination. Finally, the conduct need not be of a sexual nature to be deemed unlawful — harassment includes offensive remarks about an individual’s sex, including his or her sexual orientation or gender identity. For example, making offensive comments about women, in general, is considered sexual harassment.
Another form of sexual harassment is referred to as quid pro quo harassment, which occurs when a person in a position of authority makes sexual advances or demands in exchange for a benefit of employment (e.g. job offer, raise, promotion).
How Federal and State Laws Protect Workers Against Discrimination and Harassment
Sex discrimination and harassment are prohibited in New Jersey workplaces by state and federal law, including:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- Pregnancy Discrimination Act (PDA)
- New Jersey Law Against Discrimination (LAD)
Under these laws, employers can be held liable for making employment decisions based solely on sex or for knowingly allowing sexual harassment to occur and failing to stop it. It is important to note, however, that federal anti-discrimination laws only apply to employers with 15 or more employees.
Also, before filing a lawsuit, victims are required to file a complaint with the Equal Employment Opportunity Commission (EEOC). If the claim cannot be resolved through the conciliation process, the EEOC may issue a right to sue letter. On the other hand, the LAD applies to most employers and allows victims of discrimination and harassment to take legal action without filing a claim with the New Jersey Division of Civil Rights (DCR).
Why Choose Castronovo & McKinney
Despite the legal protections under federal and state law, taking legal action against an employer can be intimidating. Victims are often reluctant to come forward out of fear of being fired or potential damage to their reputation. You should know that your employer cannot legally retaliate against you for complaining about or reporting sex discrimination and harassment.
Ultimately, the best way to protect your rights is to work with our experienced employment lawyers. We have a proven history of achieving positive outcomes in employment-related disputes through negotiation and litigation. Above all, we will always work in your best interests and help you obtain the compensation you deserve, including lost wages and benefits, pain and suffering, and other damages.
Contact Our Experienced New Jersey Sex Discrimination Harassment Attorneys
At Castronovo & McKinney, we believe that no one should have to put up with sex discrimination and harassment in the workplace. Trust our legal team to protect your right to earn a living and your reputation. Contact our office today so we can start working on your claim.
Castronovo & McKinney, LLC helps clients with their sexual harassment and sex discrimination 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.