If you are being sexually harassed at work, you may be frightened and not know what to do. The sexual harassment attorneys at Castronovo & McKinney, LLC are here to help. Our employment law practice is dedicated to protecting the rights of employees throughout New Jersey and helping them fight back against workplace sexual harassment.
When you consult with us, we will listen to your story, explain your rights, and take the appropriate action. We understand your concerns about coming forward and will provide you with a safe environment so that you can regain your footing. Contact us now so we can start working on your sexual harassment claim.
What Does Workplace Sexual Harassment Look Like?
Sexual harassment may involve a supervisor making unwanted sexual advances (quid pro quo harassment) or anyone in the workplace (e.g. supervisor, coworker, third party), making offensive comments of a sexual nature that creates an abusive or hostile work environment. Some forms of sexual harassment include:
- Making benefits of employment dependent on sexual favors
- Unwelcome sexual advances
- Unwanted touching
- Offensive jokes about sexual acts or sexual orientation
- Offensive visual displays or communications (e.g. emails, text messages)
Regardless of how it occurs, sexual harassment is a violation of federal and state law. By working with an experienced sexual harassment attorney, you can protect your rights and obtain justice.
Reporting Sexual Harassment at Work
All employers have a legal obligation to prevent sexual harassment. They must have a written policy that prohibits harassment in the workplace, provides a reporting procedure, and specifies disciplinary measures that will be taken against the offender if the allegations prove to be true.
If you are being harassed at work, the first thing to do is to tell the harasser his or her conduct is offensive and that it must stop. Of course, this can be challenging, especially if the offender is your direct supervisor or another high-level employee. Jotting down any incidents of harassment, including the date and what the harasser said or did will also help to support your claim.
Also, it is very important to follow your employer’s sexual harassment reporting procedure. This may involve telling a supervisor or human resources personnel about the harassment, and following up with an email so that you have proof that you complained about harassment.
Next Steps
Once you have filed a complaint, your employer is required to investigate the matter, interview witnesses – including both you and the alleged harasser – and determine how to resolve the matter. An employer can be held liable for failing to take corrective action.
First, an employer can be held strictly liable for supervisor sexual harassment, regardless of whether the employer knew about it. Also, an employer that knew, or reasonably should have known, about harassment by a coworker or third party (e.g. vendor, client, customer) and failed to stop it can be held negligent for sexual harassment.
Why You Need a Workplace Sexual Harassment Attorney
If you are being harassed at work and your employer fails to act, you have a right to file a lawsuit to recover damages. Although you may be reluctant to take legal action out of fear of losing your job or damage to your reputation, your employer cannot legally retaliate against you for complaining about harassment and exercising your legal rights.
Once you become our client, your case will be handled by a dedicated sexual harassment attorney who will handle all the details, including:
- Conducting an extensive investigation
- Identifying and interviewing witnesses
- Taking over communications with your employer and their lawyers
- Negotiating a resolution
- Filing a sexual harassment lawsuit, if necessary
Like most employment-related disputes, sexual harassment claims can be settled, but we are always ready to litigate. We have a proven history of achieving successful outcomes in administrative and court proceedings and will make sure your rights are protected.
Damages We Will Fight For
While no two sexual harassment claims are the same, you may be awarded damages such as:
- Back pay
- Front pay
- Emotional distress
- Reputational harm
Back pay (e.g. wages, bonuses, paid time off, commissions) is usually awarded when an employer takes an adverse employment action against an employee (firing, demotion) for filing a sexual harassment complaint.
If we can prove that your employer violated federal or state law, you may also be entitled to punitive damages. No amount of money can undo the emotional harm caused by sexual harassment, but it can help to restore your dignity and sense of justice.
Contact Our Experienced New Jersey Sexual Harassment Lawyers
Sexual harassment is not only an offensive form of bullying, it’s also illegal. By taking legal action, you can put a stop to it and even help prevent others from being victimized. Contact our office today to get started.
Castronovo & McKinney, LLC helps clients with their sexual harassment in the workplace 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.