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New laws, including a federal bill signed into law this past March, have helped give workers harmed by sexual harassment and/or sexual assault more power over the resolution of those claims. Previously, many employers had successfully moved these cases from the courts to arbitration (via the enforcement of arbitration agreements that they had demanded of their employees at the start of those employees’ employment.) Now, the law places more workers in control of deciding whether their cases go forward in a courtroom or in an arbitration setting. As with any kind of decision about your sexual harassment case, a knowledgeable New Jersey sexual harassment lawyer can provide critical advice about which option makes the most sense for you.

A recent sexual harassment ruling from the Appellate Division court shows the impact of this new law (and others,) and represents a bit of good news for people who are now going to court to file their sexual harassment complaints.

P.R. and his employer signed an employment contract that said that all claims — including issues of discrimination, harassment, and/or retaliation — would be subject to arbitration. In June 2021, the employer fired P.R. Six months later, P.R. sued, alleging sexual assault, sexual harassment, and retaliation. The employer sought to enforce the arbitration clause and move the case to an arbitration setting.

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If a coworker has sexually assaulted or otherwise sexually harassed you on the job, you almost certainly have certain expectations of your employer. You likely expect that, after you submit a complaint notifying your employer of the assault or harassment, the employer will initiate an investigation that is prompt, diligent, and thorough. If your employer doesn’t do that, then they may be liable to you under both the New Jersey Law Against Discrimination and federal law, so you certainly want to get in touch with a knowledgeable New Jersey sexual harassment lawyer about your situation.

Having that skilled legal representation on your side can be crucial. That’s because there’s a lot that goes into litigating a case like this successfully. You have to amass the witness testimony and documentary evidence necessary to prove your claims. Additionally, in some cases, you may need an expert witness to explain certain things to the jury. An expert may provide essential evidence by shedding light on some relevant topic that is outside the knowledge base of your average juror.

The hostile work environment case of a South Jersey woman was one of those times. The plaintiff, L.M., was a patient care technician at a dialysis center in Washington Township. The woman’s hostile work environment claim alleged that a male coworker sexually assaulted her, that she reported it to the employer but that, even after that complaint, the employer failed to take the appropriate measures, thereby creating a hostile work environment in violation of Title VII and the New Jersey Law Against Discrimination.

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