Both state and federal law prohibit sexual harassment in the workplace. Sexual harassment falls into two (2) categories. One is known as quid pro quo harassment which occurs when an employee is subjected to pressure or demands to engage in sexual behavior as a condition of their employment. The other, known as a hostile work environment, occurs where an employee is not specifically subjected to pressure or demand to engage in sexual behavior, but is subjected to conduct in the workplace that is sexual in nature.
A sexually hostile work environment can exist when the employee themselves is exposed or subjected to sexual conduct or even when the employee themselves is not but others in the workplace are.
An employer has an obligation to take prompt, appropriate and effective remedial action in response to complaints of sexual harassment or where they are aware that sexual harassment is occurring and can be held liable for their failure to provide adequate training and supervision by allowing sexual harassment to occur.
Sexual harassment may take many forms including comments, jokes, touching, sexual banter, sexual propositions, pictures, e-mails, sexually explicit images, surfing pornographic images or content material at work, and other inappropriate behaviors.
To speak with an experienced New Jersey Employment Law Attorney, contact the Law Offices of Gregory S. Schaer, LLC, conveniently located in Monmouth County, New Jersey.