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
Title VII also forbids
discrimination because of pregnancy, childbirth or related medical conditions.
Terminating a woman's employment because she becomes pregnant is prohibited.
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