Camden, NJ asked in Sexual Harassment for New Jersey

Q: My coworker has been making me very uncomfortable with some of the things he's said to me lately. Does it qualify as

sexual harassment if I'm being harassed by someone who isn't my supervisor?

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3 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: It may qualify as sexual harassment, but without a lot more information, no one can tell you.

Emre Polat
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Emre Polat
Answered
  • New York, NY
  • Licensed in New Jersey

A: Absolutely. Sexual harassment does not necessarily have to be by your supervisor, it can be from any employee and there is conduct that would constitute sexual harassment from comments to touching. A consultation is worthwhile to discuss you me options.

Andrew S. Abramson
PREMIUM
Andrew S. Abramson
Answered
  • Blue Bell, PA
  • Licensed in New Jersey

A: Yes, it is possible to have a sexual harassment claim against your employer for the actions of an employee who is not your supervisor. However, assuming that your employer has the appropriate policies in place, under Supreme Court law, you must first notify your employer of the sexual harassment and provide the employer an opportunity to investigate and remedy the situation. Thereafter, if the employer fails to take reasonable action to remedy the sexual harassment, then you would have a viable claim against the employer.

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