Both federal and New Jersey law make sexual harassment of members of the LGBT community illegal. Statistics from the Equal Employment Opportunity Commission show that 35% of LGBT employees whose sexual orientation is known at work are victims of harassment on the job. No matter what form sexual harassment takes, you may be entitled to financial compensation when you can prove that you were the victim of it at work. It can be difficult to come forward, but you can do so with the help of a determined employment lawyer.
What Is the Law on LGBT Sexual Harassment?
Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate on the basis of sex. In Bostock vs. Clayton County, the United States Supreme Court held that these protections are afforded to LGBT employees on the job. Under the Supreme Court’s holding in Bostock, the same legal rules that apply to any other case apply to LGBT sexual harassment. You may be entitled to compensation if you experience sexual harassment that is either:
- Quid pro quo, in that sexual favors are demanded from you in exchange for either a job benefit or avoiding punishment
- Pervasive enough as to constitute a hostile work environment
Here, a hostile work environment can be inferred even based on one egregious act of harassment. If the action is severe enough, it may only need to occur once for you to be able to file a lawsuit.
Sexual harassment against members of the LGBT community is also prohibited by New Jersey law. The New Jersey Law Against Discrimination explicitly prohibits discrimination on the basis of sexual orientation.
Taking Action When You Have Been the Victim of LGBT Sexual Harassment
If you have been the victim of LGBT sexual harassment on the job, you can file a lawsuit under federal or New Jersey law. It is up to you to take legal action, and it is not always easy to do so.
The first thing that you should do is document the harassment to which you have been subjected. Save any physical documentation of the harassment, whether it is email or text exchanges, or pictures that can show an incident. Make sure that you note who may be potential witnesses who can testify about what you have endured.
You should contact an employment attorney as soon as you have been the victim of sexual harassment. They can give you advice about how to raise the issue internally, as that is a prerequisite for being able to file a lawsuit. Your employment lawyer will explain your legal rights and help put you in a position where you can file a claim.
Lawsuits for LGBT Sexual Harassment
Before you can take your employer to court, you must file a claim directly with either the Equal Employment Opportunity Commission or the New Jersey Division of Civil Rights. The government agencies will evaluate your claim first to determine whether they want to file a lawsuit on your behalf. They can mediate between you and your employer in the hopes of reaching a resolution.
If the government decides that it does not want to take on your case, it will send you a notification of this fact. This is not the end of the legal road for you. Instead, this letter will allow you to go to court to file your own lawsuit against your employer. In some respects, this is a better outcome for you because you have more control over your case.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Are Committed to Justice and Accountability
If you are facing LGBT sexual harassment, the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC, can help you wage what may prove to be a difficult legal battle. We are committed to obtaining justice and accountability on behalf of our clients. You can schedule a free initial consultation by filling out an online contact form or by calling us today at 856-235-7075. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.