What’s the Difference Between Stalking and Sexual Harassment in New Jersey?

sexual harassment stalking

Sexual harassment and stalking can significantly impact the safety, well-being, and productivity of employees in the workplace. Both are illegal, but there is a difference between the two. The best way to identify and fight stalking and harassment in the workplace is to work with an experienced sexual harassment lawyer. That’s where Castronovo & McKinney, LLC steps in.

Our firm regularly represents New Jersey workers from all backgrounds in sexual harassment and stalking claims. We believe all employees have a right to a safe workspace and will work to protect your rights. When you meet with us, we will listen to your story, explore all your options, and choose the best course of action. No one should put up with stalking or harassment in the workplace. Contact us today to learn how we can help.

About Sexual Harassment in New Jersey

Sexual harassment is a form of unlawful discrimination that involves unwanted and unwelcome sexual advances, comments, or behavior that creates an intimidating, hostile, or offensive work environment. Sexual harassment can occur in any workplace setting, and it can affect anyone, regardless of gender, sexual orientation, or gender identity. 

New Jersey has one of the most comprehensive anti-sexual harassment laws in the country. Under state law, sexual harassment can take many forms, including:

  • Quid pro quo harassment, in which an employer makes sexual demands in exchange for job benefits
  • Hostile work environment harassment occurs when an employee is subjected to pervasive and unwelcome sexual conduct, comments, or displays that create an abusive, threatening, or hostile environment.

Employers are legally obligated to take reasonable steps to prevent and address sexual harassment in the workplace, including implementing policies, procedures, and training programs.

How Stalking Differs from Harassment

Stalking differs from sexual harassment, although it can also occur in the workplace. Stalking involves repeated, unwanted behavior that creates a reasonable fear of harm or serious emotional distress in the victim. Stalking can take many forms, including:

  • Following the victim
  • Making unwanted phone calls
  • Sending unwanted gifts or letters
  • Monitoring the victim’s activities

Sexual harassment also involves unwanted behavior; however, it differs from stalking in that harassment typically involves conduct or comments of a sexual nature directed toward the victim’s gender or sexual orientation. Stalking behavior can be directed towards anyone, regardless of gender or sexual orientation, and does not necessarily involve sexual behavior.

Whether you have experienced harassment or stalking in your workplace, you can trust Castromovo & McKinney to identify the perpetrator, hold them accountable, and protect your rights. Stalking can be a criminal offense in New Jersey, and victims can obtain a restraining order to protect their safety. 

Employer’s Responsibilities to Prevent and Address Harassment and Stalking

Employers in New Jersey have a legal obligation to provide a safe workplace free from harassment and stalking. This means that employers must take steps to prevent, investigate, and address incidents of stalking and workplace harassment, including:

  • Implementing policies and procedures that prohibit stalking and harassment in the workplace
  • Training employees and supervisors on the prevention of harassment and stalking behavior
  • Responding promptly and effectively to any reports of stalking or harassment
  • Investigating any reports of stalking or harassment
  • Taking corrective action if the allegations are substantiated

Employers who fail to take these steps may be liable for lost wages, emotional distress, and other damages.

How Our Firm Can Help

When you work with us, we will advise you on your legal rights and options and assist you in pursuing a claim for damages. Our attorneys will:

  • Investigate the alleged harassment or stalking
  • Identify and interview witnesses
  • Review employment and personnel records 
  • Negotiate a fair and just settlement with your employer and opposing counsel
  • Represent you in court if necessary 

Let our sexual harassment lawyer handle all the details and work strategically to protect your rights, future, and reputation. We have a track record of success in arbitration and court proceedings and will guide you through the process. 

Talk To An Experienced New Jersey Sexual Harassment and Stalking Lawyer Today!

If you have experienced stalking or sexual harassment in the workplace, turn to Castronovo & McKinney. We can help you understand your legal options and obtain the compensation and justice you deserve. Though you may be reluctant to come forward, taking action is the best way to protect your rights and ensure a safe and harassment-free workplace for all. Contact us today to get started.