The Role of an Employment Lawyer in Handling Sexual Harassment Cases
Sexual harassment in the workplace is a serious issue that affects the safety, well-being, and dignity of employees. It can take many forms, from inappropriate comments and jokes to unwanted physical contact and coercion. Despite legal protections under federal and state law, sexual harassment remains a prevalent problem in many workplaces. If you are facing sexual harassment, it is crucial to seek the assistance of an experienced employment lawyer to help you navigate the complexities of the legal system and pursue justice.
What is Sexual Harassment?
Sexual harassment in the workplace refers to unwelcome and inappropriate behavior of a sexual nature that creates a hostile, intimidating, or offensive work environment. Under both federal law (Title VII of the Civil Rights Act) and New Jersey law (the Law Against Discrimination), employees are protected from sexual harassment, which can include:
- Verbal Harassment: This includes inappropriate comments, jokes, or slurs about someone’s gender, appearance, or sexual preferences.
- Physical Harassment: Unwanted physical contact, such as touching, groping, or sexual advances.
- Visual Harassment: Displaying sexually explicit images, posters, or materials in the workplace.
- Quid Pro Quo Harassment: Offering job benefits (promotions, raises, etc.) in exchange for sexual favors.
- Hostile Work Environment: A pattern of unwelcome and offensive behavior that makes the work environment unbearable or intimidating.
If you have been subjected to any form of sexual harassment, you have the right to take action and seek legal recourse. However, many victims of sexual harassment are unsure of how to proceed or feel afraid to report the harassment for fear of retaliation. This is where an employment lawyer can play a critical role.
Why You Need an Employment Lawyer for Sexual Harassment Claims
Handling a sexual harassment case is often complex and emotionally challenging. An experienced employment lawyer can help you navigate the legal system and ensure that your rights are protected. Here’s how an employment lawyer can assist you:
1. Understanding Your Legal Rights
Sexual harassment laws are intricate, and many employees are unaware of the full scope of their rights. An employment lawyer will help you understand what constitutes sexual harassment under the law, what legal options are available to you, and what steps you need to take to protect your rights. This includes understanding both the legal definitions of harassment and the burden of proof needed to pursue a case.
2. Investigating the Claim
In many sexual harassment cases, it’s important to gather and present strong evidence to prove that the harassment took place. Your lawyer will assist you in documenting instances of harassment, gathering witness statements, and obtaining any physical or electronic evidence (such as emails, messages, or recordings) that supports your claim. This process is crucial for building a strong case.
3. Filing a Formal Complaint
Before filing a lawsuit for sexual harassment, you generally need to file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). These agencies investigate harassment claims and can help mediate a resolution. An employment lawyer can guide you through this process, ensuring that the complaint is filed correctly and within the legal deadlines.
4. Handling Retaliation Issues
Unfortunately, employees who report sexual harassment often face retaliation from their employers, such as demotion, termination, or harassment. This kind of retaliation is illegal, but proving retaliation can be challenging. An employment lawyer will protect you from retaliation, file complaints on your behalf, and take legal action if necessary.
5. Pursuing Compensation
If you are successful in your sexual harassment case, you may be entitled to compensation for your damages, including lost wages, emotional distress, and attorney’s fees. Your lawyer will fight to secure the maximum compensation possible for your case, ensuring that you are made whole for the harm you have suffered. In some cases, you may also be entitled to punitive damages if the employer’s behavior was particularly egregious.
What Happens During a Sexual Harassment Lawsuit?
Filing a sexual harassment lawsuit typically involves several stages:
- Filing a Complaint: You must file a formal complaint with the EEOC or DCR, which will investigate the claim and potentially mediate a settlement between you and your employer.
- Investigation and Mediation: If the claim cannot be resolved through mediation, the agencies will conduct a full investigation to determine whether harassment occurred.
- Filing a Lawsuit: If mediation or investigation does not result in a satisfactory resolution, your lawyer may file a lawsuit in court. The case will proceed through litigation, where both parties present evidence, and the court makes a decision.
Throughout the process, your employment lawyer will represent you, ensuring that your rights are upheld and fighting for a favorable outcome.
Why Choose Castronovo & McKinney?
Castronovo & McKinney, LLC is a trusted employment law firm in New Jersey that specializes in handling sexual harassment cases. Our team of dedicated attorneys has successfully represented employees in a variety of discrimination and harassment claims, achieving favorable results for clients throughout New Jersey and New York.
We understand the emotional toll that sexual harassment can take on an individual, and we are committed to helping you regain your dignity and protect your rights. Our team will provide strong legal representation, advocate for your best interests, and ensure that you receive the compensation you deserve.
Take Action to Protect Your Rights
If you are facing sexual harassment in the workplace, it’s crucial to take prompt action to protect your rights. Contact an experienced employment lawyer at Castronovo & McKinney, Employment Law Attorneys to discuss your case and learn more about how we can help.