From LawGuru Sexual Harassment Law FAQs                                                33

 

 WHAT EMPLOYEES SHOULD KNOW ABOUT SEXUAL

HARASSMENT.,,

 

 

Prohibited behavior can take the form of:

 

Gender Harassment:

generalized gender-based remarks and behavior;

 

Seductive Behavior:

inappropriate, unwanted, offensive physical or verbal sexual advances;

 

Sexual Bribery:

solicitation of sexual activity of other sex-linked behavior by promise of reward;

 

Sexual Coercion:

coercion of sexual activity by threat of punishment; and

 

Sexual Assault:

gross sexual conduct like touching, grabbing or assault.

 

 

 

“BUT I DIDN’T INTEND THAT!”

 

The intent of the accused harasser is not a defense - “harassment” is not defined by the intent of the accused harasser, but by the effect of the behavior on the recipient.

 

Thus, if the behavior is so severe that it would, from the perspective of an objective reasonable person, alter the working conditions so that it was intimidating or hostile - such prohibited behavior may likely be sexual harassment.

 

 

WHERE CAN SEXUAL HARASSMENT COME FROM?

 

Sexual harassment can come from anyone - a supervisor, manager, co­worker, customer, or supplier. It is not limited to male to female interactions. Sexual harassment can include conduct such as a woman harassing a man, a woman harassing a woman, or a man harassing a man.

 

In addition, under New Jersey law, a person need not be the direct recipient of offensive prohibited behavior, but if surrounded by instances of others being sexually harassed, their own working conditions may be so impaired so as to constitute sexual harassment.