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Sexual Harassment
A few years ago, the “Me Too” movement shed light on a blight our culture had silently permitted for far too long. No individual should suffer sexual harassment or assault in any situation – let alone in the workplace, where it not only can devastate its victims, but ruin their careers. Here at Matsikoudis & Fanciullo, we know that workplace sexual harassment can impact every aspect of someone’s life and we proudly fight and litigate to obtain significant compensation for individuals from all walks of life, which has helped them recover and find peace.
Unwanted sexual advances and overtures in the workplace should not be tolerated. If you have been a victim of sexual harassment in the workplace and suffered emotional distress, we can help you get significant compensation.
Since opening our doors, we have recovered millions of dollars for our clients, and we may be able to help you. Here at Matsikoudis & Fanciullo, we litigate sexual harassment cases on a contingency basis, which means you pay nothing upfront. Instead, we only make money if we recover for you.
Every employee should be protected by his or her employer and not experience sexual harassment that creates a hostile work environment. However, in our experience, we have seen many instances where employees are subjected to sexual harassment – from inappropriate comments to sexual assault – and their rights aren’t protected by their employer. Worse still, in some cases, not only do employers fail to protect these victims, they retaliate against them rather than punishing the wrongdoers.
Sexual harassment at the workplace also creates an unbearable hostile work environment and victims often also experience adverse employment actions and financial harm.
What Is Sexual Harassment?
Generally, any unwelcome sexist comments, or any behavior, whether it is physical or verbal, that is sexual in nature, constitutes sexual harassment. Employees may be subjected to sexual harassment by their bosses, supervisors, co-workers, or other people in the workplace.
What are Examples of Sexual Harassment?
There are many different forms of Sexual Harassment. Broadly speaking, sexual harassment can be categorized as either quid pro quo, hostile work environment or retaliation – and in practice it could be a combination of any or all of these.
Quid Pro Quo Sexual Harassment
The Latin phrase ‘quid pro quo’ is loosely translated as: getting something in exchange for something else – for instance, money in exchange for a favor. In the sexual harassment context, it means that a coworker in a position of authority in the workplace asks for a sexual in nature favor to gain professional advancement. The person of authority might “exchange” a sexual favor for a promotion, vacation leave, better work accommodations – or even just to let the harassment victim keep his or her job. In these cases, our attorneys can assist New Jersey, New York and Illinois employees who have been subjected to quid pro quo sexual harassment in recovering significant money. When sexual harassment cases come into our office, our attorneys look at whether they can show that the employee was subjected to sexual harassment, that it affected their employment, and that it caused them financial, emotional and/or psychological harm.
Hostile Work Environment Sexual Harassment
A case of hostile work environment sexual harassment happens when the employee is subjected to an unpleasant working environment due to his or her gender or sexual orientation. Examples of this can be comments regarding an employee’s gender or sex and can take the form of texts, emails, verbal comments, gestures, or proposals. Comments about one’s physical appearance can also be grounds for a sexual harassment claim.
Retaliation Sexual Harassment
Employers are prohibited by law from retaliating against employees who report sexual harassment. Retaliation can take many forms:
- Demotion
- Termination
- A change in hours worked
- A change in shifts worked
- Decreased Pay
- Negative Performance Reviews
- Write-ups
- Suspension
- Denial of a promotion
Common examples of sexual harassment:
- Sending inappropriate videos, texts, or images
- Making physical or verbal sexual advances
- Sexting with an employee
- Making Sexual Jokes
- Sharing Sexual videos
- Comments about someone’s appearance (positive or negative)
- Unwanted physical contact (hugs, touching, kissing, etc.)
- Showing inappropriate texts or images to others
- Asking for sexual favors
- Spreading sexual rumors about employees
- Asking about an employee’s sex life
- Comments about an employee’s sexual orientation
- Asking an employee to flirt with a client
Example: Mary is asked by her boss to go for dinner to go over business material, but her boss soon starts asking her about her dating life and sexual preferences. The next day after work, he texts her to comment on her outfit that day and compliments her. Mary feels uncomfortable, but doesn’t know how to address the problem. She is afraid that if she turns him down, he will negatively impact her career in some way. Employees should not tolerate behaviors like this. We commonly see misconduct like this in our practice, and if you have been in a similar situation, we may be able to help. Even if litigation does not seem like the best path, at the very least, you should seek the help of an experienced attorney to help you make an informed decision on the best option for you.
How can an attorney help?
Our law firm offers free, no-strings-attached consultations that will help you assess your case and explain to you your options. All of our consultations are privileged – which means no one else will ever know what was discussed. Your initial consultation will help you understand the relevant process and answer common questions like:
Was what I experienced sexual harassment as the law defines it?
How should I respond to my harasser, what are my options?
What steps could I take to protect myself against further harassment?
What can I do to prevent my employer from retaliating against me for reporting it?
Our experienced attorney will then explain to you your options and the legal steps that can be taken if any.
Virtual Sexual Harassment:
Sexual harassment is not limited to just the physical office. Employees can be subjected to it remotely via social media, emails, dating platforms, and video conferencing platforms. In our many years of practicing law and specializing in sexual harassment, we have seen it all, from sexual images to lewd comments to inappropriate propositions being sent via texts, emails and social media.
Common Examples of Remote Sexual Harassment:
- Sexting
- Revenge Porn
- Online Sexual Remarks
- Cyberstalking
- Sending inappropriate videos, text, or images
- Displaying inappropriate images or videos
- Sharing sexually explicit emails
- Displaying pornography during online meetings
- Sharing pornography via text, social media, or email
- Online Sexual Jokes
Pursuing damages on a sexual harassment claim:
Under the New Jersey Law Against Discrimination (NJLAD) and Title VII of the federal Civil Rights Act of 1964, an employee can seek damages for being sexually harassed. The New York State and New York City Human Rights laws provide similarly strong weapons for sexual harassment victims to hold their harassers and employers accountable. Under NJLAD an employee can seek damages for, among other things, emotional, psychological and mental harm and attorney’s fees. Sometimes the employee can also be awarded punitive damages. Damages refer to the money an employee is due to compensate them for what they lost due to the sexual harassment. It could be financial loss, because, for instance, the employee was fired, passed over for a promotion, or had his or her shifts reduced. It could also be compensation for suffering the employee has endured – for instance, sleepless nights, anxiety, post-traumatic stress, depression, etc. – as a result of the sexual harassment the employee experienced. The bottom line is: At a consultation, our attorneys can help you understand what compensation you may be due for what you have suffered.
What are some Common Misconceptions about sexual harassment?
It is often thought that sexual harassment can only take place between a man and a woman, with the harasser being male. That is false. Sexual harassment can happen between any combination of genders and employment positions — whether that be a female harassing a male or same-sex harassment. Sexual harassment in the workplace exists in every case where the victim’s sex is the motivation for a certain behavior or action on the part of the harasser.