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Civil Sex Assault Claims

Representing survivors of sexual assault outside the employment context under the New York Gender-Motivated Violence Act, the Trafficking Victims Protection Act, and other state and federal statutes.
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How Long Do You Have to File? Statutes of Limitations on Employment Claims

Every employment claim has a deadline, and missing it can end your case before it begins. This post lays out the key time limits for discrimination, wage, and whistleblower claims in New Jersey and New York, and why acting early protects your options.

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Arbitration Agreements in Employment: What You Give Up When You Sign

Many employers require workers to sign arbitration agreements that send disputes to a private forum instead of court. This post explains how these agreements work, what rights they affect, and recent limits on their reach.

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Tip Credits and Tipped Wages: When Your Employer Gets It Wrong

Tipped workers are protected by detailed rules about minimum wage, tip credits, and tip pooling. This post explains how the tip credit works, the common ways employers violate it, and how to recover wages you are owed.

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USERRA: Employment Protections for Service Members and Veterans

Service members and veterans have strong federal protections for their jobs when military duty calls. This post explains reemployment rights, protection from discrimination, and what to do if an employer fails to honor them.

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Pretextual Performance Reviews: Protecting Yourself When the Criticism Is a Cover

A sudden negative performance review often appears right before a demotion or termination. This post explains how employers use pretextual reviews to disguise discrimination or retaliation, and how to protect yourself when the criticism does not add up.

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Pay Transparency Laws in New York and New Jersey: What They Mean for You

New pay transparency requirements give job seekers and employees more information about salaries. This post explains what employers must disclose in New York and New Jersey, how the rules help address pay discrimination, and what to do if an employer ignores them.

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Disability and Hiring: Lawful and Unlawful Interview Questions

Employers face strict limits on what they can ask about disability and health during hiring. This post explains which questions are off limits before a job offer, what employers may ask, and how to respond when an interview crosses the line.

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Filing With the EEOC: Deadlines, the Process, and Your Right-to-Sue Letter

Many federal discrimination claims require a charge with the EEOC before you can sue. This post explains the filing process, the strict deadlines involved, and how the right-to-sue letter fits into the path toward a lawsuit.

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At-Will Employment and Wrongful Termination in New Jersey

New Jersey is an at-will employment state, but at-will does not mean an employer can fire you for any reason. This post explains the limits on at-will employment and the situations where a termination becomes legally wrongful.

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Workplace Bullying: When Mistreatment Becomes Legally Actionable

Workplace bullying is harmful, but on its own it is not always illegal. This post explains the gap between bullying and unlawful harassment, when bullying crosses into a claim, and the options available to employees facing abusive treatment at work.

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If you believe you have a claim that requires legal professional care, please contact our Firm for a free consultation.

Frequently Asked Questions About Sexual Harassment

What factors contribute to a hostile work environment?

A hostile work environment can be created by various factors, including persistent sexual jokes or comments, inappropriate touching, sexually explicit emails or messages, and the presence of sexually suggestive materials in the workplace. Any behavior that makes an employee feel uncomfortable, intimidated, or offended based on their gender or sexual orientation may contribute to a hostile environment.

Can sexual harassment occur outside of traditional office settings?

Yes, sexual harassment can occur in any work-related setting, including off-site meetings, business trips, company events, and virtual work environments. Employers have a duty to ensure that their employees are protected from sexual harassment regardless of the location or circumstances.

What should I do if I witness sexual harassment happening to a coworker?

If you witness sexual harassment happening to a coworker, it's important to offer support to the victim and encourage them to report the behavior to HR or management. You can also document the incident if possible and provide testimony or statements during any investigation. Standing up against sexual harassment helps create a safer and more respectful workplace for everyone.

Can third parties, such as clients or vendors, be held accountable for sexual harassment?

Yes, third parties, including clients, customers, vendors, and contractors, can be held accountable for sexual harassment if their behavior creates a hostile work environment for employees. Employers have a responsibility to address and prevent sexual harassment from any source within the workplace, including external parties.

What resources are available for individuals who have experienced sexual harassment?

Individuals who have experienced sexual harassment can seek support from various resources, including employee assistance programs (EAPs), counseling services, support groups, and legal aid organizations. Many jurisdictions also have hotlines and helplines specifically for victims of sexual harassment where they can receive information and assistance.

Can bystanders be liable for failing to intervene in cases of sexual harassment?

In some cases, bystanders who witness sexual harassment but fail to intervene or report the behavior may also be held accountable, especially if they have a duty to act based on company policies or legal requirements. Encouraging bystander intervention and promoting a culture of accountability can help prevent sexual harassment and support victims.

How can employers create a culture of respect and inclusion to prevent sexual harassment?

Employers can promote a culture of respect and inclusion by providing comprehensive training on sexual harassment prevention, fostering open communication channels for reporting harassment, implementing clear policies and procedures for addressing complaints, and holding all employees accountable for their behavior. Creating a supportive and respectful work environment benefits everyone and reduces the risk of harassment.

What should I do if I am experiencing retaliation for reporting sexual harassment?

If you experience retaliation for reporting sexual harassment, document the retaliatory actions, report them to HR or management, and seek legal advice from an experienced employment lawyer. Retaliation against employees for engaging in protected activities, such as reporting harassment, is illegal, and you have rights and protections under the law.