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    Sexual Harassment
John Morelli New Jersey Attorney


Injury Law Firm

        Sexual harassment is a form of discrimination that is prohibited under both State and Federal law. Sexual harassment occurs when one employee or supervisor makes continued, unwelcome sexual advances, request for sexual favors or other verbal or physical conduct of a sexual nature to another employee, against his or her wishes. Sexual harassment can occur in a variety of forms.

Accordingly to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment occurs, “when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”

Sexual harassment can occur in a variety of ways, it can be unwanted jokes, gestures, words or unwelcome comments. It can also involve touching or other bodily contact. It can involve showing explicit photos or objects. Transmitting or posting emails of a sexual or offensive nature may also constitute sexual harassment.

When an employee complains to a supervisor, or to the person designated to the employer to receive sexual harassment complaints, an immediate investigation of the circumstances should occur. The investigation should be conducted by someone who is not involved in the charges. The employee should never be disciplined for filing a complaint.

An employer must develop a sexual harassment policy to detail to the employees what conduct is unacceptable and how to report that conduct. The failure to have a sexual harassment policy may result in liability for the employer.

The employer must also take immediate action to remedy the situation if the investigation reveals that the conduct has occurred. Actions that the employer may take involve transferring the offending worker, terminating the offending worker or removing the offending worker from the work area of the victim.







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