With a combined 60 years of experience and hundreds of jury trials, the lawyers of Wronko Loewen Benucci have represented both employers and employees in sexual harassment claims. We aren’t afraid to challenge any corporation, no matter the size, that has allowed an employee to be sexually or otherwise harassed. Likewise, we will vigorously defend the smallest employer or employee who is wrongfully accused.
What Is Sexual Harassment?
Sexual harassment in the workplace is a form of sex discrimination. There are two forms of sexual harassment under law, characterized as “quid pro quo” or a hostile work environment. “Quid-Pro-Quo” is when a superior demands sex from a subordinate, and offers employment, advancement, or simply the retention of a job in return. Whether the affair was consummated or not, the subordinate can put forth a sexual harassment claim.
When an employer (or a supervisor or co-worker) does or says things that make the victim feel uncomfortable because of his or her sex, this constitutes a hostile work environment and is grounds for a sexual harassment claim. Consensual joking or relationships do not qualify — it only involves unwelcome sexual advances or other verbal or physical conduct of a sexual nature that unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment.
What Should I Do?
Before victims put forth a sexual harassment claim, most cases require an employee to first complain to the employer about sexual harassment. To establish an employer’s liability, the employee generally has to prove that the employer knew of the sexual harassment and failed to take appropriate remedial action. Victims of sexual harassment can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorneys’ fees.
Sexual harassment is one of the most complicated areas of employment law. Only an experienced New Jersey sexual harassment attorney should be trusted with such complex and delicate matters. Our lawyers know how to get clients what they need, while always remaining sensitive to their needs and feelings.