By Bruce Atkins | Published July 30, 2022 | Posted in Harassment | Tagged Tags: financial damages, vicarious liability | Comments Off on When is an Employer Liable for Sexual Harassment by a Co-worker?
When is an Employer Liable for Sexual Harassment by a Co-worker?
Sexual harassment is a form of illegal discrimination that exists in public and private workplaces throughout the country. There are several different types and degrees of sexual harassment. Some employees use their authority, control or influence to coerce employees under them into accepting or tolerating sexual advances. However, harassment can also be peer-to-peer. One employee Read More
Read MoreFiling a Discrimination Claim With the Division on Civil Rights vs. Going Straight to Court
In New Jersey, an employee with a claim of discrimination has two options on how and where to pursue it. They can bring the matter to a state administrative body called the Division on Civil Rights (DCR) or they can go straight to court. Each option has advantages and disadvantages to be considered before proceeding. Read More
Read MoreWhat is the Difference Between Sexual Harassment and Sexual Assault?
Unfortunately, many people are victims of highly inappropriate behavior or violence that is sexual in nature, whether in or out of the workplace. In modern parlance, the terms “sexual harassment” and “sexual assault” are sometimes used interchangeably. But from a legal perspective, they are very different. Sexual harassment is a civil offense that gives the Read More
Read MoreProving a Hostile Workplace Discrimination Claim
The workplace is supposed to be a professional and safe environment where people can do their jobs without interference. Unfortunately, some people bring discriminatory attitudes and behaviors to work, to the annoyance of subordinates or co-workers. In New Jersey, if the conduct is sufficiently severe or pervasive, it can create a hostile work environment, which Read More
Read MoreNew Jersey Legislators Considering Significant Changes to the Law on Non-compete Agreements
Non-compete agreements are promises by employees not to compete with their employer during their tenure at the company and for some time thereafter. These contracts are subject to certain legal restrictions, so that former employees aren’t unfairly prevented from taking a new position. Overbroad restrictions also impede economic development by encouraging skilled labor to seek Read More
Read MoreCVS Fires New Jersey Executive Accused of Sexual Harassment
Despite numerous high-profile cases, sexual harassment remains a common problem for employees, especially for women. Even some of the largest corporations within the United States are still dealing with claims of inappropriate conduct. In March 2022, CVS Health Corp., the nationwide pharmacy chain with outlets all over New Jersey, announced that it fired several employees, Read More
Read MoreNew Jersey Legislators Taking Lead on Federal Bill Banning Natural Hair Discrimination
A bill that passed the U.S. House of Representatives would, if enacted into law, create federal protections for people with natural hair textures and hairstyles. This would prohibit the mistreatment that many Black workers have endured from employers. Two members of Congress from New Jersey are leaders in this effort. The Creating a Respectful and Read More
Read MoreRevision to NJ Law Gives Protection to Workers 70 and Older
It has long been the case that employees who reach a certain age may legally be denied employment or job promotions and, in some cases, be forced to retire. However, in New Jersey, that changed in 2021. The state’s Law Against Discrimination has long prohibited age discrimination, but workers 70 years of age and older Read More
Read MoreLegislation Authorizes Paid Sick Leave for Workers Suffering from Coronavirus
New legislation passed in response to the COVID-19 pandemic allows certain workers to receive paid sick leave even if their employer previously did not provide it. In March, the federal government enacted the Families First Coronavirus Response Act (FFCRA). This law assists employers that give their employees paid time off while suffering the effects of Read More
Read MoreEligibility for Unemployment Benefits When Job Loss Is Due to Coronavirus
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by the federal government and signed into law on March 30, authorizes expanded unemployment benefits for Americans. Due to the major economic crisis triggered by the COVID-19 pandemic, there are several distinctions from the traditional programs that states use to support employees who have been Read More
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