Sexual Harassment Claims

Now more than ever in the #metoo era, sexual harassment continues to be a substantial problem in the workplace with thousands of women and some men reporting incidents to employers as well as state and federal agencies, and some evaluating claims.  Our office handles sexual harassment claims on a contingency basis.  These incidents may be stressful and traumatic.  Nonetheless the claimant needs to be willing to explain what occurred and provide specifics and support of the claim.   

Types of Sexual Harassment Claims

There are two basic types: quid pro quo where employment, promotion, or benefits are associated with sexual favors, and hostile work environment where a woman employee is subject to intimidating or hostile conduct in her workplace.

Sexual harassment claims with terminated employees usually involve two claims,

1) direct sexual harassment and failure to address unwelcome advances or conduct,

when an employer knows or should know of the harassment and fails to take effective measures to stop it, the employer has joined with the harasser in making the working environment hostile. The employer, by failing to take action, sends the harassed employee the message that the harassment is acceptable and that the management supports the harasser. “Effective” remedial measures are those reasonably calculated to end the harassment. The reasonableness of the employer’s remedy will depend on its ability to stop harassment by the people who engaged in harassment.  (Payton v. New Jersey Turnpike Authority)

2) retaliation, discharge or punishment.

Here, punitive action is taken against the employee because she filed a claim.

Call us at (973) 598-1980 for a free consultation regarding your sexual harassment claim.