Princeton Sexual Harassment Attorney

Fighting for Sexual Harassment Victims in New Jersey

When you come to work, you expect to be valued for your productivity and the quality of your work, not sexually objectified. If you have been sexually harassed on the job, you are likely feeling a range of negative emotions, including embarrassment and anger. A sexual harassment lawsuit may allow you to recover damages for the wrongs that you have suffered. At Phillips & Associates, PLLC, our Princeton sexual harassment lawyers can evaluate your situation and help you file a case under federal or state laws as appropriate.

Call Phillips & Associates, PLLC, today at (866) 229-9441 or contact us online to schedule a consultation with our sexual harassment lawyer in Princeton.

Pursuing a Sexual Harassment Case

Sexual harassment is a form of sex discrimination prohibited by Title VII of the federal Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD). Title VII applies only to employers with 15 or more employees, while the NJLAD applies to all employers in New Jersey.

Sexual harassment may be perpetrated by a manager, supervisor, coworker, client, or customer. It may occur between men and women, between men and men or women and women, or against a transgender worker. The harassment may include any type of unwelcome sexual advances, including explicit remarks, jokes, groping, touching, kissing, repeatedly asking for a date or sex, and innuendoes. Generally, employers are supposed to make sure that sexual harassment does not take place on the job and protect you if it does.

Hostile Work Environment & Quid Pro Quo Harassment

There are two forms of sexual harassment: hostile work environment and quid pro quo harassment. A Hostile Work Environment exists if a reasonable person in the victim's shoes believes that the workplace has become hostile and changed due to frequent or severe instances of sexual harassment. It is not likely that a court will find that a hostile work environment arose from something trivial, such as one offhand remark or joke about sex. However, a single instance of inappropriate touching might be considered severe enough to be considered sexual harassment. Quid pro quo harassment happens if an employer tries to condition your employment or benefits (such as raises, hours, overtime, etc.) when submitting to harassment or advances. For example, if your supervisor promises you extra hours if you date him or her or threatens to demote/fire you if you do not give in to his or her demands - that is quid pro quo sexual harassment (whether you give in or not). Our sexual harassment attorneys can guide Princeton residents through claims based on either quid pro quo or hostile work environment harassment.

In order for an employer to be liable for an employee's sexual harassment of another employee, creating a hostile work environment under New Jersey law, a plaintiff needs to show that the harassing conduct would not have happened, but for the employee's sex/gender, it was so severe or pervasive that it would be enough to make a reasonable person believe that the employment conditions had been altered, and the environment was either hostile or abusive. Also, the employee must show that the Company either knew or should have known of the harassment. More importantly, you cannot be retaliated against for filing a complaint of sexual harassment.

What Proof Do I Need in a Sexual Harassment Case?

Proving a sexual harassment case requires gathering evidence to demonstrate that the behavior violated your rights under the law. While every case is unique, the following types of evidence are often crucial in building a successful claim:

• Documentation of Incidents: Keeping a detailed record of each incident of harassment is critical. Include dates, times, locations, and a description of what happened. If there are witnesses, note their names and how they might have observed the harassment. Emails, text messages, or any other form of written communication that supports your account of the harassment can be invaluable.
• Witness Testimonies: If coworkers or other individuals witnessed the harassment, their statements can significantly strengthen your case. Witnesses who observed the inappropriate behavior, overheard offensive comments, or can testify to the impact the harassment had on your work environment may help establish a pattern of misconduct.
• Company Policies and Procedures: Many companies have policies and procedures in place for reporting sexual harassment. If you reported the harassment to your employer and they failed to take appropriate action, this could bolster your claim. Any documentation that shows the steps you took to report the behavior—whether it's emails, written complaints, or evidence of meetings with human resources—can be crucial.
• Performance Reviews or Job Evaluations: If the harassment negatively impacted your job performance, performance reviews or job evaluations could help establish a link between the harassment and the harm you suffered. For instance, if your productivity declined or you were demoted after refusing a supervisor's advances, this could demonstrate that the harassment affected your career.
• Psychological or Medical Evidence: In some instances, harassment could lead to emotional distress, anxiety, or even physical symptoms that require medical attention. If you sought therapy, counseling, or medical treatment as a result of the harassment, these records can help substantiate the psychological harm you endured.

Understanding the Area of Princeton

Princeton is a New Jersey college town near New York City and Philadelphia. Its total area is about 18 square miles. If you believe that you have suffered from sexual harassment on the job, the Princeton sexual harassment attorneys at Phillips & Associates, PLLC, may be able to counsel you and represent you in a lawsuit for damages. Contact us at (866) 229-9441 or through our online form to set up a free appointment. Our employment lawyers help people in communities such as Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington, and Camden Counties.

Princeton has close to 30,000 residents. It is home to employers such as Capital Healthcare, Berlitz International, Dow Jones & Company, Johnson & Johnson, Rutgers University, and Princeton University. Sexual harassment, unfortunately, can happen in any workplace. There are two categories of sexual harassment: quid pro quo harassment and hostile work environment harassment. The latter can be committed by anyone in the workplace: a supervisor, manager, coworker, customer, or client. If you face a hostile work environment or sexual harassment on the job, you should consult the Princeton sexual harassment lawyers at Phillips & Associates.

Grounds for a Hostile Work Environment Sexual Harassment Claim

To be actionable, hostile work environment harassment must be predicated on abusive conduct based on a protected characteristic. Hostile work environment sexual harassment occurs when harassing actions are so severe or so pervasive in the workplace that they alter the terms and conditions of employment and render the work environment hostile and abusive. The harassing actions can include touching, groping, rape, insults, derogatory comments, slurs, pranks, innuendoes, and jokes. Either sex can perform these. The victim may also be of either sex.

All employers in Princeton should have anti-harassment policies and rules to foster a workplace free of sexual harassment and to allow employees to report their grievances so that future harassing conduct can be prevented and corrective steps can be taken. Unfortunately, not all employers respond appropriately to a hostile work environment claim. If you have been a victim of harassing conduct, you should let the harasser know that the conduct is unwelcome. You should also report it according to the grievance procedures that are outlined in your employment manual. If there are no procedures set out, you should report the harassment to HR both verbally and in writing.

Differences Between Federal and State Laws

Both Title VII and the New Jersey Law Against Discrimination (NJLAD) prohibit hostile work environment sexual harassment. In most cases, the NJLAD provides more excellent protection than Title VII. It applies to all employers instead of just those with a minimum of 15 employees. There are nuances under federal and state laws, among those in case law. The conduct must be severe or pervasive enough for you to subjectively believe that the environment has been made hostile and for a reasonable person other than yourself also to believe that. However, what this means can vary under Title VII and NJLAD case law, and it is essential to consult an experienced attorney about your situation.

Under New Jersey law, the court will examine whether a reasonable person would be offended by the conduct you are complaining about. When there is a pattern of behavior, it is more likely that you will be able to prove a hostile work environment. It can be more challenging to establish a hostile work environment based on a single or only a couple of incidents because, in that case, the conduct must be pretty severe to be actionable. A New Jersey court has stated that it would be a rare and extreme case in which a single episode would be so severe that it would, from a reasonable person’s perspective, render the working environment hostile. In one New Jersey case, a woman was terminated after her supervisor made sexist comments about a group of women customers and also used an obscene slur. Still, the remark was not directed at the plaintiff and was not repeated. This was not considered severe enough to create a hostile work environment. On the other hand, the test for a hostile work environment was met when a plaintiff's supervisor lifted her shirt to expose her bra strap, grabbed other women employees in her presence, made sexually offensive remarks, and told her to use her sexuality to persuade a new boss to do something.

Local Resources & Support Systems

Access to local resources and support systems can be invaluable for victims of workplace harassment. In Princeton and the greater New Jersey area, organizations such as the New Jersey Division on Civil Rights provide guidance and support for those navigating the challenges of workplace harassment. These entities can offer information on your rights and options under local and federal laws.

Additionally, Princeton is home to various community advocacy groups that support victims of discrimination and harassment. Organizations such as the Women's Rights Information Center in New Jersey offer resources and support networks for those who need them. These resources can provide community connections and emotional support, complementing the legal guidance provided by the team at Phillips & Associates.

While legal proceedings are essential, emotional and community support can also be critical in a victim's recovery and empowerment. Establishing a solid network of personal and professional support can significantly enhance one's ability to face the challenges of pursuing a harassment claim. Our team offers legal support and helps connect you with local resources to ensure a comprehensive support system is in place.

FAQs About Sexual Harassment 

What Steps Should I Take If I Experience Sexual Harassment at Work?

If you experience sexual harassment at work, the first step is to document every incident meticulously. This includes noting dates, times, locations, what was said or done, and any witnesses to the harassment. Reporting the issue to your employer is crucial; follow any internal reporting mechanisms outlined in your employee handbook. If such procedures are absent or ineffective, seeking legal counsel is the next step. Like those at Phillips & Associates, a qualified attorney can help determine the most potent legal strategy based on your documentation and circumstances.

It is also essential to maintain written communication regarding the harassment and subsequent reporting, such as emails, texts, or written complaints. This documentation can significantly impact the resolution of your claim. Staying informed of your rights under New Jersey's Law Against Discrimination or federal laws is also beneficial, as these can dictate your legal protections.

How Long Do I Have to File a Sexual Harassment Complaint in New Jersey?

In New Jersey, the time limits for filing a sexual harassment complaint can vary depending on the nature of the claim. Under the New Jersey Law Against Discrimination (LAD), individuals generally have two years from the date of the alleged harassment to file a complaint in court. However, if you decide to file with the New Jersey Division on Civil Rights, you have 180 days from the incident date.

Understanding the differences between state and federal deadlines is essential for preserving your right to seek justice. Consulting with legal professionals who are informed about these timelines can ensure you take timely action. Missing these deadlines can forfeit your legal rights, making it imperative to act quickly.

What Are the Possible Outcomes of a Sexual Harassment Case?

The outcomes of a sexual harassment case can vary widely based on the situation's specifics, including the evidence available and the severity of the harassment. Potential outcomes may include financial compensation for lost wages, emotional distress, and punitive damages. Sometimes, the resolution may also involve disciplinary action against the harasser or mandated changes to workplace policies to prevent future incidents.

An out-of-court settlement is another possible outcome, where the parties agree on compensation and other terms without proceeding to trial. Each case is unique, and the potential remedies can differ based on the circumstances and the legal strategies employed. An experienced attorney can help outline possible outcomes based on previous similar cases and your specific situation.

Can I Be Fired for Reporting Sexual Harassment?

No, you cannot legally be fired for reporting sexual harassment. Both state and federal laws protect against retaliation, meaning your employer cannot legally terminate, demote, or otherwise penalize you for making a harassment report. This protection is crucial for encouraging individuals to report misconduct without fear of losing their livelihood.

If you believe you have faced retaliation after filing a complaint, it's essential to seek legal counsel immediately. Documentation of your termination or any adverse actions and testimonials from coworkers can be valuable in supporting your retaliation claim. Law firms like Phillips & Associates are well-equipped to handle these nuanced situations and uphold your rights.

How Is a Hostile Work Environment Defined in New Jersey?

A hostile work environment in New Jersey is defined as a situation where an employee experiences harassment or discrimination that is severe or pervasive enough to affect the terms and conditions of employment. This environment must be such that a reasonable person would find it hostile or abusive. It requires more than minor annoyances or isolated incidents unless those incidents are particularly severe.

The New Jersey Law Against Discrimination protects from such environments, requiring employers to take action when complaints are made. Understanding these protections and how they apply can significantly impact how a claim is processed and resolved. Legal professionals can provide insights into whether an environment qualifies as hostile under the law and how best to pursue action.

Contact Our Princeton Sexual Harassment Lawyer Today

If you have faced a hostile work environment or sexual harassment, the Princeton attorneys at Phillips & Associates are ready to offer aggressive, experienced representation. Contact us at (866) 229-9441 or via our online form for a free appointment to discuss your case.

Contact Phillips & Associates, PLLC, today to get started with our Princeton sexual harassment attorney.

PHILLIPS & ASSOCIATES
100 Overlook Center, 2nd Floor
Princeton, NJ 08540
Tel: (866) 229-9441