Employees face adversity in the workplace regularly. A business is obligated to protect their workers against hostile work environment based on discrimination and harassment. When that harassment is of a sexual nature, it is illegal and the victim should protect his or her rights. When a person faces sexual harassment, they are being discriminated against based on sex and gender. State and federal laws protect employees against harassment and detail the steps one should take to hold offenders accountable. In the case of sexual harassment, one does not need to be the focus of the harassment. In some cases, exposing other employees to the offensive behavior can lead to a sexual harassment claim. When an employer demands sexual acts as a condition of employment or the refusal affects a person’s employment, they may be dealing with quid pro quo sexual harassment.
According to state law, an employee is protected against sexual harassment. Quid pro quo sexual harassment is when an employee faces the demand from a coworker, employer, or supervisor for sexual acts in exchange for job security, benefits, or promotions. It also constitutes adverse actions against an employee who refuses the demand for sexual acts, including:
In Latin, quid pro quo means “something for something”. If you face a hostile work environment based on quid pro quo, the New Jersey Law Against Discrimination (NJ LAD) is legislation that protects you from discrimination. According to the law, you have the right to hold offenders accountable at a state level by filing a grievance with the Division of Civil Rights. If you are the victim of quid pro quo sexual harassment, you have a lot to consider. You will have to establish that your employment is based on your willingness to offer sexual acts or endure unwanted sexual advances. Promotions and other job benefits are based on the same. The attention must be unwanted and unwarranted. In the face of termination, you must establish that the end of your job was based on your refusal to adhere to the harassment. If you quit your job based on the quid pro quo sexual harassment, you may have a case of constructive discharge. Constructive discharge is when the conditions are so intolerable that no reasonable person would be able to continue to work through such intolerable circumstances.
The Mark Law Firm, LLC is a wealth of knowledge for people facing employment law issues. In the case where you are the victim of quid pro quo sexual harassment, you have a lot to consider and speaking with one of our experienced attorneys is in your best interests. Quid pro quo harassment is a serious situation. Plaintiffs of quid pro quo sexual harassment claims have a high legal standard to meet in the court of law. Sexual harassment claims are valid when overwhelming evidence is established. If you file a constructive discharge claim based on quid pro quo sexual harassment, you have an even higher legal standard to meet. The Mark Law Firm, LLC is ready to assess your case, guide you through your options, and passionately represent your interests. If you are the victim of sexual harassment, you should not have to work in such an intolerable environment. Our attorneys are ready to ease you through your legal matter. Contact The Mark Law Firm, LLC today.