As part of our firm’s continuing commitment to serve the local business community, we are hosting a series of free breakfast legal briefings throughout 2010 to help business owners and employers contend with the legal issues facing them each day.
Each lively and interactive briefing will cover a specific legal topic, explaining the key legal issues, how small and family-owned businesses can address these issues in the most economically viable way; and how businesses can use the protection afforded them by law to their advantage.
All breakfast briefings will be held at the law office of Robert A. Tandy, LLC, One Paragon Drive, Suite 159, Montvale, New Jersey. Please feel free to invite clients and colleagues to attend the briefing with you. Our next briefing will take place on:
SESSION ONE: Wednesday, January 20, 2010 (7:30 a.m. to 8:30 a.m.)
“Employment Law for Employers”
“Effective New Employee Orientation”
Complimentary coffee and bagels will be served.
Contact us at (201) 474-7103 to reserve your spot
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SEXUAL HARASSMENT
The New Jersey Law Against Discrimination (“LAD”) prohibits harassment based on one’s sex. All employees have the right to a work environment free of discrimination and harassment.
What Is Sexual Harassment?
Generally, there are two types of sexual harassment. “Quid pro quo” sexual harassment occurs when an employee’s submission to (or rejection of) sexual conduct is, implicitly or explicitly, the basis for employment decisions. “Hostile work environment” sexual harassment occurs when an employee is subjected to unwelcome sexual, abusive, intimidating or offensive conduct specifically based on an individual’s gender that is severe or pervasive to make a reasonable woman believe that the conditions of employment have been altered creating a hostile or abusive workplace.
Both types of sexual harassment are illegal and may be committed by men and women, and the victims of sexual harassment may be male and female. Sexual harassment may occur between individuals of the same sex: a man may sexually harass a man and a woman may sexually harass a woman.
What Types of Conduct Constitute Sexual Harassment?
Types of sexual harassment typically include, but are not limited to, unwelcome touching, rubbing, hugging, patting, pinching or other unwelcome touching; verbal abuse; jokes; insults; threats; graffiti; conversations about sex; sexually explicit or degrading materials (posters, magazines, calendars, etc.); leering, whistling or gestures; demanding sexual favors; assault; sexual innuendo; sexual propositions; sexually charged e-mails; comments about one’s physical characteristics.
What Can You Do If You Are Sexually Harassed?
Once a complaint for sexual harassment is made, the employer has an affirmative obligation to act. Generally, an employer should immediately investigate or take steps to investigate your complaint. The LAD prohibits retaliation for filing a complaint of sexual harassment and/or discrimination.
Can A Single Incident Constitute Sexual Harassment?
In quid pro quo cases, a single sexual advancement may constitute sexual harassment if the submission to or rejection of the advancement is directly linked to the employment action. Generally, a single act or comment is not enough to constitute hostile work environment sexual harassment. An employee needs to establish severe or pervasive conduct.
When Will An Employer Be Held Liable?
An employer may be held liable for sexual harassment for the actions committed by supervisors, non-supervisory employees, and third parties if the employers knew of or should have known about the conduct and failed to take appropriate remedial action.
What Damages Can You Recover In A Sexual Harassment Case?
In the event you are successful in your action, you may be entitled to recover back pay, front pay, promotion or reinstatement to your position, compensatory damages for physical manifestations of pain and suffering, emotional distress damages; punitive damages; attorneys’ fees, and costs of suit.
The Law Office of Robert A. Tandy, LLC has successfully represented employees who were the victims of sexual harassment and discrimination in the workplace. If you believe you have been the victim of sexual harassment or sex discrimination, contact Robert A. Tandy, Esq. at (201) 474-7103 for a free initial consultation.
Despite the recent trend of pro-employee sexual harassment hostile work environment decisions, the NJ Supreme Court held, in Godfrey v. Princeton Theological Seminary, 2008 WL 2951891, two female seminary students were not subjected to sexual harassment hostile work environment where a 60 year old resident made repeated requests to both women for a date. Importantly, the alleged harasser’s conduct involved no sexual language, no touching, no inappropriate or offensive comments, and no lewd suggestions.
In its ruling, the Court held “Persons who are socially tone deaf are not, by that characteristic, necessarily the equivalent of sexual harassers. It is important in that regard that neither of these women used her own authority to tell Miller [the alleged harasser] to ‘go away.’ They cannot rely on the prospect of a money damages award from the Seminary to replace their own obligation to simply tell Miller that they had no interest in him romantically or even as a casual acquaintance.”
This case marks a significant victory for employers and re-establishes the factors necessary to prove a claim of sexual harassment under the New Jersey Law Against Discrimination. It also reaffirms an employee’s obligations to report the alleged harassment and allow the employer an opportunity to remedy the alleged claims.