SEXUAL HARASSMENT LAW
We represent those discriminated against
at their workplace. When a question arises regarding discrimination
it is important to know what laws apply.
Federal laws and State Laws in New York
provide protection to those discriminated against in the
workplace because of race, ethnic background, color, religion,
age, pregnancy and disability.
The Law Against Discrimination in New Jersey
prohibits discrimination based on race, creed, color, national
origin, ancestry, age, marital status, affectional or sexual
orientation, sex or atypical hereditary cellular or blood
trait or any individual, or because of the liability for
service in the Armed Forces of the United States or the nationality
of any individual.
In addition, the Civil Rights Law of the
City of New York prohibits discrimination based on race,
color, creed, age, national origin, alienage or citizenship
status, gender, sexual orientation, disability or marital
status.
WHAT IS SEXUAL HARASSMENT?
Unwelcome sexual advances, verbal and physical
conduct of a sexual nature that creates a hostile work environment,
requests for sexual favors, and demands for sexual favors
in return for employment or advancement are all examples
of Sexual Harassment. Sexual harassment involves claims of
hostile work environment or "quid pro quo"
sexual harassment. Retaliation by an employer for reporting
sexual harassment is illegal. This type of behavior is prohibited
by Title VII of the Civil Rights Act of 1964.
The victim of sexual harassment can be
a man or woman. The victim does not have to be of the opposite
sex. The harassment can come from a supervisor, a supervisor
from another area of the company, a coworker or even a non-employee
or agent of the company.
In a claim for hostile work environment,
the victim does not need to be directly harassed. She/he
feels the work environment is intimidating, hostile, or offensive
because of sexual comments, "jokes", or unwelcome
physical or verbal conduct of a sexual nature which interferes
with the individuals work performance or employment
The victim of sexual harassment should
advise the harasser of the unwelcome conduct and/or a supervisor.
Many companies have procedures in place for the reporting
sexual harassment. The reporting procedure can often be found
in the employee handbook or by asking human resources. The
victim should use any reporting or grievance procedure of
the company to report sexual harassment. This is also a good
time to consult an attorney.
PREGNANCY DISCRIMINATION LAWSUITS
You cannot be fired because you get pregnant.
Title VII forbids discrimination because of pregnancy,
childbirth or related medical conditions. Terminating a woman's
employment because she becomes pregnant is prohibited, and
you may be entitled to claim your rights in litigation.
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