Workplace Harassment Attorney in Mullica Hill, NJ
It is important to know that each and every employee deserves to work in a safe environment free of harassment and discrimination. Employers have a legal obligation to adopt policies and procedures that do exactly that. When an employee faces harassment, the employer can be held liable for negligence if they knew or should have reasonably known about it and did nothing to stop it. The Vigilante Law Firm, P.C. has been a legal resource for employees and employers in and around Gloucester County for over 25 years. Our firm fights for the rights of clients impacted by harassment and discrimination. We conduct thorough investigations, guide our clients through their options, and passionately fight for what is just. If you need our help, we are ready. Fill out a contact form and we will be happy to get back to you.
What is harassment?
Harassment can include not only severe incidents such as assaults and threats but also jokes, use of slurs or derogatory language, or posting insensitive cartoons or other materials. When this conduct becomes so severe as to create a hostile work environment, it becomes harassment. Employers may not make hiring or promotional decisions or set the terms and conditions of employment based on employee characteristics such as race, religion, or national origin. Besides being responsible for their own actions, employers must also take prompt remedial measures against employees or supervisors who engage in prohibited harassment against other employees.
The New Jersey Law Against Discrimination (LAD) makes it unlawful to subject people to disparate treatment or harassment based on:
- Gender or pregnancy
- Religious creed, beliefs or practices
- National origin
- Familial status
- Marital status
- Domestic partnership status
- Affectional or sexual orientation
- Atypical hereditary cellular or blood trait
- Genetic information
- Liability for military service
- Mental or physical disability
Individuals who face harassment based on a mistaken belief about one of these characteristics may also be entitled to relief. Victims of harassment should immediately inform their employer of the situation. If the employer does not take prompt and effective action to stop harassment, contact a harassment lawyer. If you are an employer that needs to stop discrimination, contact our firm.
Harassment of a sexual nature is illegal. According to New Jersey’s LAD, sexual harassment can include:
- Sexual advances that are unsolicited and unwelcome
- Requesting sexual acts in exchange for a job, promotion, job benefits
- Attempting to make sexual demands a condition of employment
- Verbal & physical behavior of a sexual or sexist nature
Generally, there are two types of sexual harassment claims. One is called quid pro quo harassment. This term, translated from Latin to “something for something” constitutes times when sexual acts are requested or hinted in exchange for a job or benefits in the workplace. The other type of sexual harassment involves a hostile work environment in which the plaintiff endures a range of harassing acts, including jokes, visuals, slurs, or other acts of a sexual nature.
Workers have rights that can be violated by adverse employment actions after exercising those rights. Workers have the right to take family & medical leave, file a claim of harassment and discrimination, collect workers’ compensation benefits, and blow the whistle on illegal activities, to name a few. When an employer acts against them, it is called retaliation. Retaliation can be present in actions including, but not limited to termination, demotion, and harassment. When this is the case, it is important to consider one’s legal options.
If an employee quits a job because of intolerable conditions, including harassment, discrimination, and/or retaliation, it could be a case for constructive discharge. The legal standard is quite high to construct a valid constructive discharge case. People quit jobs quite regularly, but when a person endures harassing conditions that are unreasonable, they may have a constructive discharge case, which is a form of wrongful termination.
Contact a Gloucester County harassment attorney
The Vigilante Law Firm, P.C. knows what is at stake in harassment cases. For victims, a hostile work environment can be highly stressful. For employers, in addition to the immediate financial consequences of having to pay a large judgment or settlement, allegations of on-the-job harassment and discrimination can have a devastating impact on their reputations and their businesses. For both employers and employees, we have the experience and knowledge to aggressively defend their interests. Contact The Vigilante Law Firm, P.C. for a consultation to discuss your legal situation.