Workplace harassment is a widespread problem that can occur in any industry. It’s crucial to understand its various forms, especially if you believe you’re a victim. This guide will provide an overview of workplace harassment and the common types that we encounter in our practice.
What Constitutes a Workplace Harassment Claim?
A workplace harassment claim is a type of unlawful discrimination claim. Instead of involving termination, the claim is for a discriminatory hostile work environment. This means that the employee feels threatened or uncomfortable due to the behavior or actions of their coworkers or supervisors.
In New Jersey, a workplace harassment (https://www.zatlaw.com/practice-areas/) claim can be brought with respect to any of the specified protected classifications. These include race, sex, age, sexual orientation, nationality, religion, and disability.
Meeting the Legal Standard
The legal standard for a hostile work environment in New Jersey requires the employee to prove that the conduct was either “severe” or “pervasive” such that a “reasonable person” would consider their work environment to be hostile. This is not always an easy legal standard to meet, as it largely depends on the subjective perceptions of a judge or jury. Understanding this subjective nature is critical, and why those experiencing workplace discrimination or harassment must connect with experienced legal professionals for a sound opinion.
Common Types of Harassment Claims
The most typical types of harassment claims that we encounter involve hostile work environments based on sex, age, and race. Let’s consider a sexual harassment claim as an example.
In general, a sexual harassment claim can be established by demonstrating conduct that is either sexual in nature or by proving that a person is being treated differently because of their sex. In this latter instance, non-sexual actions can also be considered for a sexual harassment claim.
Examples of sexual conduct in the workplace could include unwelcome sexual advances, lewd comments or exposure to inappropriate images and content. If an employer terminates an employee for refusing such advances, this is known as a “quid pro quo” sexual harassment claim.
Non-sexual disparate treatment based on sex could involve different disciplines or standards, more taxing work conditions, or even abusive treatment in the workplace, all because of someone’s sex or gender.
The Employee’s Responsibility
Despite suffering from workplace harassment, an employee is generally expected to make every reasonable effort to remain employed. However, if the conduct is especially egregious and creates what are known as “intolerable working conditions,” it can be deemed sufficient to constitute a “constructive discharge.” This is essentially a termination of employment and a very heightened standard that may be difficult to meet in a court of law.
What to Do if You Experience Workplace Harassment
Understanding these types of workplace harassment is the first step in combating them. If you believe you’re a victim, then you need to do two things. First, start documenting your harassment. This can include writing down instances and possible witnesses, keeping messages and other communications in a safe place, and talking to others that may have faced similar treatment.
Second, you will need to consult with a legal professional to explore your options. At Zat Law, we offer free case reviews to help people better understand their situation from a legal perspective. From there, you can decide on your next steps towards justice. For your free case review, contact Zat Law today.
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