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Sexual harassment aTTORNEYS IN nEW jERSEY

EMPLOYMENT LAW

Are You a Victim of Sexual Harassment in the Workplace?

According to the EEOC, sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment”.

Sexually Harassed at Work

What should you do if you have been sexually harassed at work?

    • Tell your harasser to stop or make it clear the behavior is unwelcome
    • Report the harassment to your supervisor or upper management and ask that action be taken to stop it. If you can, put your complaint in writing.
    • You may report the harassment to the EEOC.

Forms and Circumstances

Sexual harassment can come in many forms. Some examples include the following unwanted or unwelcome behavior:

    • Pressure for sexual favors
    • Offensive jokes or slurs
    • Touching, leaning over, hugging, cornering or pinching
    • Sexual looks, gestures or comments
    • Offensive photos
    • Sexual innuendos or stories
    • Asking about sexual fantasies, preferences or history
    • Sexual comments about someone’s clothes or looks
    • Neck Massage
    • Kissing sounds or cat calls

Harassment can occur in a variety to circumstances, including some of the following examples:

    • A male or female harasser or victim. The victim does not have to be of the opposite sex.
    • A victim can be harassed by a supervisor, a co-worker, an agent of the employer, a supervisor in another department or even an outside vendor
    • The victim is considered anyone affected by the offensive conduct

Legal Recognition of Sexual Harassment

Although sexual harassment can happen in a variety of contexts, the harassing behavior falls under two specific and legally recognized types: Quid pro quo and hostile environment sexual harassment.
Quid pro quo is usually referred to as “this for that” type of harassment. In a quid pro quo case of sexual harassment, an individual’s submission or rejection of sexual advances is directly related to employment decisions or is made a term or condition of employment. A single sexual advance is considered harassment if it is linked to granting or denying employment benefits. If the victim submits to the sexual request but then changes their mind or refuses, they may still bring quid pro quo charges against the harasser.

Hostile environment sexual harassment happens when a person’s job performance and work environment is disrupted by unwelcome sexual conduct. If the unwelcome sexual conduct creates an intimidating or fearful workspace for someone, it is considered a hostile work environment. This type of harassment is not directly connected to economic or job benefits, although it might affect the employee so much that they end up losing pay or passing up a promotion.
An employer can be held liable in cases of hostile work environment sexual harassment if it is proven that the employer knew about the harassment and failed to take action. An employer would be expected to know about the hostile environment if there was a complaint to management, or if the harassment was openly practiced and well known among other employees.

An employer will always be held legally responsible for offensive workplace harassment that ends in a tangible employment action. As per the EEOC, a tangible employment action is a significant change in employment status. For example, it would be considered a tangible employment action if an employee is fired for rejecting a supervisor’s sexual demands.

How We Can Help You

Our sexual harassment attorneys will:

  1. Provide empathetic listening and build trust from day one
  2. Investigate incidents thoroughly, including gathering evidence, witness accounts, and documentation
  3. File complaints with the EEOC or NJ Division on Civil Rights (NJDCR)
  4. Represent you in negotiations and, if needed, in court
  5. Fight for compensation including back pay, emotional distress damages, and attorney’s fees
  6. Protect you from workplace retaliation

Why Choose Davison Eastman Muñoz Paone, P.A.?

  • Compassionate attorneys who truly listen
  • Skilled in both LAD and Title VII claims
  • Strong track record in NJ harassment litigation
  • Offices in Freehold & Toms River—ready to serve employees statewide

 

Contact Davison Eastman Muñoz Paone, P.A. Today

If you believe you’ve been sexually harassed at work, your courage matters—and you deserve meaningful support. Reach out today to talk confidentially about your experience, your legal rights, and your options for healing.

The attorneys at Davison Eastman Muñoz Paone in Freehold, NJ are highly experienced in employment law. We can help you understand your rights according to the laws and help you pursue a course of action and get the justice you deserve.

Call us now at(732) 462-7170 orschedule a private consultation online. We have offices in Freehold (Monmouth County), NJ and Toms River (Ocean County), NJ.

new jersey sexual harassment attorneys davison eastman munoz paone

BUSINESS LAW & LITIGATION

FREQUENTLY ASKED QUESTIONS ABOUT SEXUAL HARASSMENT

Can I file a sexual harassment claim if I don't work for a large company?

Yes. All employers, even small businesses, are covered under LAD and Title VII, regardless of size.

What if I reported sexual harassment and was still ignored?

Failure to act after a report may be illegal. Our sexual harassment attorneys may recommend filing both a hostile environment and a retaliation claim.

Do I need to file with the EEOC first?

Yes, if you are being sexually harassed at work you must file a charge with the EEOC or the NJDCR within a certain timeframe before pursuing a lawsuit.

What damages am I entitled to if I have been sexually harassed at work?

Victims may recover lost wages, emotional distress, punitive damages, and recovery of legal fees. NJ courts offer powerful protections and remedies.

Can same-sex sexual harassment be considered illegal?

Yes. Same-sex sexual harassment is illegal under both New Jersey and federal law if the conduct is unwanted, offensive, and based on sex.

Can non-employees (like vendors or clients) be held accountable?

If your employer knew (or should have known) that a vendor, customer, or contractor was harassing you and failed to act, they may be legally liable for allowing the sexual harassment to continue.

I was harassed outside of work—can I still file a sexual harassment claim?

If the behavior occurred at a work-related event (like a holiday party, company retreat, or networking event), it may still be considered part of the work environment under the law.

What if I already left the company—can I still sue?

You may still file a claim if the sexual harassment occurred within the legal time limits (typically within 180 to 300 days, depending on whether it’s filed with the EEOC or NJDCR). Leaving your job doesn’t waive your right to justice.

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We appreciate your interest and welcome any inquiries you may have. If you're seeking further information about our services, we're here to assist you. Feel free to use the provided contact form or reach out to us directly via email or phone. Thank you for considering Davison Eastman Muñoz Paone, P.A., and we look forward to connecting with you soon.

 

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