Under federal and New Jersey state law, workers are entitled to a workplace free from illegal harassment and discrimination. For this reason, they are allowed to bring sexual harassment claims against businesses. Unfortunately, many of these claims are unfounded or exaggerated. Linwood employers need protection against false or overblown accusations. At Barker, Gelfand, James & Sarvas, P.C., our attorneys have the experience to protect your business.
Workplace sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination. These laws protect against two specific types of sexual harassment, known as “hostile work environment” and “quid pro quo.” We work to defend your organization against claims of both types.
These claims allege either an offer or a threat made in an attempt to get an employee to perform a sexual act. In some cases, a promotion may be offered in exchange for sex. In other cases, there may be a threat of dismissal or a change in working conditions unless the employee engages in such an act. We use all possible evidence to defend your Linwood business against a quid pro quo claim.
This type of claim arises out of behavior by coworkers or supervisors that is intimidating, hostile or offensive. Constant lewd comments and repeated unwanted sexual advances fit into this category of claim, as does the exhibition of sexual content in the workplace. Our attorneys help your business prove that this behavior did not exist or that supervisors had no reason to know of its existence.
We defend your business against harassment claims by showing that the accuser cannot substantiate every legal element of their claim. In order to hold a business liable, a worker must prove that:
Our attorneys present a strong defense against each of these factors.
Call Barker, Gelfand, James & Sarvas, P.C. in Linwood at 855-516-1362 or contact us online to schedule a consultation. We represent clients in Linwood and throughout New Jersey.