SEXUAL HARASSMENT CLAIMS: LEGAL STANDARD

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Sexual harassment continues to be a substantial problem in the workplace with thousands of women and some men reporting claims to state and federal agencies and some evaluating claims.  See

Mary L. Boland Sexual Harassment in the Workplace

 (2005) .  Our office handles sexual harassment claims on a contingency basis.   These incidents may be stressful and traumatic.  Nonetheless the claimant needs to be willing to explain what occurred and provide specifics to support the claim.   
 

1. Types of Sexual Harassment Claims

There are two basic types: quid pro quo where employment, promotion, or benefits are associated with sexual favors and hostile work environment where a woman employee is subject to intimidating or hostile conduct in her workplace.  

Sexual harassment claims with terminated employees usually involve two claims,

1) direct sexual harassment and failure to address unwelcome advances or conduct,
 

when an employer knows or should know of the harassment and fails to take effective measures to stop it, the employer has joined with the harasser in making the working environment hostile. The employer, by failing to take action, sends the harassed employee the message that the harassment is acceptable and that the management supports the harasser. "Effective" remedial measures are those reasonably calculated to end the harassment. The reasonableness of the employer's remedy will depend on its ability to stop harassment by the people who engaged in harassment. Payton v. New Jersey Turnpike Authority:


2) retaliation, discharge or punishment. 

Here, punitive action is taken against the employee because she filed a claim. 



FREE CONSULTATION ON YOUR SEXUAL HARASSMENT ABUSE OR ASSAULT CLAIMS,

Call (973) 598-1980

 

 

 

HOW DO I CONTACT YOU

Law Offices of Howard A. Gutman,
230 Route 206, Flanders, New Jersey 07836
(973) 598-1980, E-mail
Howian@aol.com
Fax (973) 531-4110

Website keywords, contingency agreement, problems, commercial litigation lawyer, contingency, contingency lawyer, lawyer, claim, commercial lawyer.    

New York Office
315 Madison Avenue, Suite 901
New York, New York 10165

FREE INITIAL CONSULTATION  

We offer a free initial telephone consultation to discuss your claim.  Please feel free to call or e-mail our office.