New Jersey Workplace Harassment Defense Attorney
If you’re an employer in New Jersey who is facing a workplace harassment claim, it is important to seek legal representation as soon as possible. An experienced workplace harassment defense attorney can help you understand your legal obligations and options, and defend you against the allegations. In today’s ever-increasing litigious world, employers need to have policies and procedures in place that prohibit and remedy workplace harassment.
What Constitutes Workplace Harassment?
In general, workplace harassment is alleged hostile, offensive, abusive, and inappropriate misconduct directed toward an employee based on legally protected characteristics, such as age, sex, race, gender, disability, sexual orientation, ethnicity, and religion
Types of Workplace Harassment
While there are many types of workplace harassment the most prevalent type is sexual harassment. With that said, there are two types of sexual harassment present in the workplace which include quid pro quo sexual harassment and hostile work environment sexual harassment.
Quid Pro Quo Harassment
Quid Pro Quo harassment occurs where there is alleged submission to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature is made a term and condition of employment, or where submission to or rejection of such behavior forms the basis for employment decisions. If you are an employer who is facing a quid pro quo harassment claim, it is important to seek legal representation from a qualified workplace harassment defense lawyer who can help defend against the allegation.
Hostile Work Environment
In general, hostile work environment sexual harassment involves alleged unwelcomed conduct occurring because of the employee’s sex that a reasonable person would consider sufficiently severe or pervasive to alter the employee’s conditions of employment. If you are an employer who is facing a hostile work environment claim, it is important to seek legal representation from a qualified workplace harassment defense lawyer who can help defend against the allegation.
Examples of a Hostile Work Environment
Workplace harassment and hostile work environment may take many different forms. Examples of workplace harassment and/or a hostile work environment include requests for sexual favors, unwelcome sexual advances, unwelcome sexual contact, unwelcome jokes, or the display of objects, pictures, or gestures of a sexual or degrading nature.
What is the Employer’s Role in Preventing Harassing Conduct
Employers are required to maintain a workplace free from discrimination or harassment (sexual or otherwise) and intimidation of any employee or job applicant. Employers cannot accept, condone or tolerate actions of discrimination or harassment by any supervisor, employee, client, guest, or vendor on the basis of any legally protected characteristic.
As such, it is important that employers have an anti-harassment policy in place that contains a complaint mechanism and investigatory process to address and remedy employee harassment concerns.
How to Proceed as an Employer Accused of Hostile Work Environment
If an employee alleges workplace harassment and/or a hostile work environment, it is imperative for the employer to retain a trusted workplace harassment defense attorney to provide them with important strategic legal advice, including counseling regarding the internal investigative process in anticipation of mounting a strong legal defense if there is subsequent litigation.
Consult a Harassment Defense Attorney for Workplace Harassment Cases
The workplace harassment defense lawyers at CMS are trusted counselors who provide critical strategic legal advice to their clients. Our lawyers understand their clients’ needs and advocate on their behalf. If you believe that you need the assistance of a workplace harassment defense lawyer, please contact Curcio Mirzaian Sirot LLC.