Despite many advances in the past few decades, workplace sexual harassment remains a pervasive problem throughout the country. New Jersey employment law considers sexual harassment to be a form of sex discrimination in violation of the New Jersey Law Against Discrimination (NJLAD). At the federal level, Title VII of the Civil Rights Act of 1964 views sexual harassment the same way. A recent lawsuit by a New Jersey train conductor alleges extensive sexual harassment and other forms of offensive conduct. It is one of many such lawsuits and complaints brought in recent years against the state’s public transportation system.
The NJLAD and Title VII prohibit employment discrimination based on sex and various other factors. The U.S. Supreme Court recognized sexual harassment as a form of sex discrimination in Meritor Savings Bank v. Vinson in 1986. New Jersey courts have generally followed federal courts’ interpretation of employment discrimination laws concerning sexual harassment.
The Equal Employment Opportunity Commission (EEOC), which has the authority to investigate discrimination complaints under Title VII, identifies two general categories of unlawful sexual harassment:
– Quid pro quo sexual harassment: Agreeing to some sort of sexual demand is a condition of employment.
– Hostile work environment: Unwelcome sexual behavior at work is so “severe or pervasive” that it interferes with an individual’s ability to do their job.
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