A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
Harassment in Workplace
The firm actively litigates in the areas of civil rights, education law, employment discrimination, retaliation and whistleblower actions, sexual harassment/hostile work environment, federal EEO actions, Family and Medical Leave issues, Fair Labor Standards Act disputes and wage payment claims. We also provide consultations on severance agreements, employee handbooks and employment contracts.
A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity. Additionally, many of our clients have been retaliated against: for complaining of their employers’ illegal practices, for applying for Worker’s Compensation, and for taking leave under the FMLA.
See a video here about a current client.
The New Jersey Law Against Discrimination prohibits harassment based on protected characteristics such as race, sex or nationality. Sexual harassment is the most common type of workplace harassment and the most misunderstood. The term “sexual harassment” includes traditional forms of sexual harassment (being forced to have sex with a supervisor in order to remain employed) and harassment based on gender stereotypes (not being given work assignments that male coworkers are getting because you are a woman). Sexual harassment is unwelcome conduct that is directed at an employee because of his or her gender. Read More.
There are two types of sexual harassments claims in New Jersey: quid pro quo and hostile work environment.
Quid pro quo is a Latin term which means “this for that” or “something for something.” Thus, in the employment context, quid pro quo sexual harassment occurs when: (1) submission to harassing sexual conduct is, explicitly or implicitly, made a term or condition of employment or (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting that individual. Read More.
Hostile work environment sexual harassment occurs when an employee is subjected to severe or pervasive conduct that would not have occurred but for the employee’s gender. Importantly, the conduct has to be so severe or pervasive that a reasonable man or woman would believe that the conditions of employment have been altered and the working environment has become hostile or abusive. This type of case is very fact specific and courts take into consideration the totality of the circumstances. Read More.