Being the victim of sexual harassment at work can have a devastating impact on a working individual. Not only can sexual harassment inflict serious emotional and mental trauma, but it can also have long-lasting career impacts as well. Although sexual harassment is often thought of in the context of the workplace, the proliferation of social media platforms has opened up more opportunities for employment-related sexual harassment to take place. Many work interactions take place on internal social media platforms or through public-facing social networking websites such as LinkedIn, which as of 2021 had over 722 million members and saw a 55 percent increase in user conversations on the platform in 2020. If you have been subjected to sexual harassment by a coworker via the internet or a social media platform, our New Jersey sexual harassment lawyers at The Epstein Law Firm can help you pursue accountability from your employer and financial compensation for the harm you have suffered. Call or contact us for a no-obligation case review to discuss your sexual harassment claim and to learn more about how our firm can help you seek accountability and justice.

With employees connecting and communicating with one another outside of the physical workspace through social media, often outside of regular business hours, companies should be held liable for harassing conduct that employees commit against their co-workers online.

What Constitutes Sexual Harassment in the Era of Social Media?

Traditionally, sexual harassment in the employment context referred to unwelcome behavior of a sexual nature or targeted against a person on the basis of their gender or sex. Such behavior may include physical contact, offensive gestures or imagery, suggestive activity, or “jokes” or questions of a sexual nature. Sexual harassment can come in one of two forms: hostile work environment and quid pro quo. 

In a hostile work environment claim, unwelcome sexual behavior or behavior targeted at a person due to their sex or gender is considered so severe in nature or so pervasive in frequency that it effectively changes the conditions of employment such that the victim of the harassment cannot escape from it.

A quid pro quo claim involves a co-worker, usually a supervisor or other superior, demanding some sort of sexual favors or sexual behavior from the victim, either with the promise of a favorable treatment (such as desirable assignments, promotions, or raises) or the threat of adverse employment actions (such as demotion, negative performance reviews, or termination).

Unfortunately, in the era of social media, sexual harassment is no longer confined to the physical workplace. Instead, through social media platforms, harassers can follow their victims outside of the workplace or work hours. Employees who engage in sexual harassment of their coworkers may use social media platforms, whether internal company channels or public websites like LinkedIn, Twitter, or Facebook, to send sexual comments or materials to a co-worker or to engage in sexually related cyberbullying. 

Employers should be aware that even when such conduct occurs outside the workplace, after work hours, on websites or online platforms that the employer does not own or control, they can still be held liable for sexual harassment committed by their employees against co-workers because that behavior is facilitated by or occurs in the context of the employment relationship. Where an employer knows that sexual harassment between employees is occurring on social media or elsewhere online, the employer has an affirmative obligation to take steps to address such conduct.

How The Epstein Law Firm Can Help You When You Have Been the Victim of Sexual Harassment in the Workplace

If you have been sexually harassed at work or by your co-workers online and on social media, the experienced sexual harassment in the workplace attorneys in Rochelle Park, NJ of The Epstein Law Firm can help you pursue a legal claim that may provide you with the accountability and justice you deserve. Our sexual harassment lawyers will thoroughly investigate your claim, including hiring experts when necessary to recover evidence of sexual harassment that occurred online. We will utilize our knowledge and expertise to properly value your losses, including the loss of wages or employment and the personal and emotional harm and suffering that you have had to endure. Let our dedicated lawyers tenaciously pursue a fair and full recovery on your behalf through a negotiated settlement with your employer or, where necessary, take your case to court and to trial to pursue the results you deserve.

Contact Our New Jersey Sexual Harassment Lawyers Today for a Free, Confidential Case Evaluation If You Have Suffered from Workplace Sexual Harassment

Hackensack NJ Employment Law Attorney
Hackensack NJ Employment Law Attorney Helping Clients Facing Sexual Harassment Issues In The Workplace

When you have been harmed by experiencing or being the target of sexual harassment at work, you deserve to pursue accountability and justice. Let our skilled New Jersey sexual harassment lawyers at The Epstein Law Firm serve as advocates for your rights and interests. Our legal team is dedicated to improving working conditions for our clients and others across New Jersey by holding companies accountable for sexual harassment. Reach out to us for a free initial consultation to discuss your rights and options for relief with a knowledgeable attorney from our firm.

FAQ: How long do you have to bring a claim for sexual harassment?

Under New Jersey’s statute of limitations, you typically have two years from the date that the incident that serves as the basis of your sexual harassment, or two years from the date of the latest incident in a continuous pattern of sexual harassment, to file a lawsuit to pursue compensation and accountability from those liable for the harassment. If you wait too long to file a lawsuit in your claim, you risk permanently losing your legal rights to pursue your claim for compensation.

FAQ: What can you recover in sexual harassment claim?

In a sexual harassment, you may be entitled to compensation for financial and personal losses that you have suffered as a result of being the victim of sexual harassment, including loss of income if you had to take time from work, were constructively discharged, or were fired because of sexual harassment in your workplace. You may also be entitled to recover compensation for emotional trauma and distress and the resulting loss of enjoyment or quality of life.

FAQ: Can you sue an employer for sexual harassment that was committed by an employee online?

Yes, an employer can be held liable for sexual harassment committed by one employee against another, even when that harassment takes place online and even outside of work hours. An employer may be held responsible for any sexual harassment that occurs in the employment context, such as by using company email accounts or internal company message boards or messenger applications.

New Jersey Sexual Harassment Lawyers Answer Frequently Asked Questions about Sexual Harassment in the Era of Social Media

FAQ: How long do you have to bring a claim for sexual harassment?

Under New Jersey’s statute of limitations, you typically have two years from the date that the incident that serves as the basis of your sexual harassment, or two years from the date of the latest incident in a continuous pattern of sexual harassment, to file a lawsuit to pursue compensation and accountability from those liable for the harassment. If you wait too long to file a lawsuit in your claim, you risk permanently losing your legal rights to pursue your claim for compensation.

FAQ: What can you recover in sexual harassment claim?

In a sexual harassment, you may be entitled to compensation for financial and personal losses that you have suffered as a result of being the victim of sexual harassment, including loss of income if you had to take time from work, were constructively discharged, or were fired because of sexual harassment in your workplace. You may also be entitled to recover compensation for emotional trauma and distress and the resulting loss of enjoyment or quality of life.

FAQ: Can you sue an employer for sexual harassment that was committed by an employee online?

Yes, an employer can be held liable for sexual harassment committed by one employee against another, even when that harassment takes place online and even outside of work hours. An employer may be held responsible for any sexual harassment that occurs in the employment context, such as by using company email accounts or internal company message boards or messenger applications.

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