Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Top 12 Risk Factors for Workplace Sexual Harassment Claims

Author: Scarinci Hollenbeck, LLC

Date: December 5, 2017

Key Contacts

Back

Top Risk Factors for Workplace Sexual Harassment Claims

The mounting sexual harassment claims against Harvey Weinstein have made sexual harassment front page news. As all employers should be aware, workplace harassment is not confined to the entertainment industry.

12 Risk Factors For Workplace Sexual Harassment Claims
Photo courtesy of Raw Pixel (Unplash.com)

According to one study, one in three women between the ages of 18-34 has been sexually harassed at work. Of those who said they had experienced sexual harassment, only 30 percent reported it.

Other forms of workplace harassment are also prevalent, including racial and ethnicity-based harassment. In one study, researchers found that 70 percent of the workers surveyed suffered some form of verbal harassment, while 45 percent experienced exclusionary behaviors. The study also found that 69 percent of respondents reported witnessing at least one ethnically-harassing behavior in the past two years.

Harassment Can Lead to Liability for Employers

Harassment suits are among the most frequent sources of employment liability for New York and New Jersey businesses. Even when claims are unsuccessful, the cost of defending the suit and any public relations fallout can seriously impact a company’s bottom line.

According to the Equal Employment Opportunity Commission (EEOC), it received more than 28,000 harassment claims from workers in 2016 alone, which represented one-third of the employment discrimination charges that agency received that year. Of those claims, harassment on the basis of sex or race was the most prevalent, followed by disability, age, national origin, and religion. Harassment is likely more prevalent than the EEOC statistics suggest. The agency itself acknowledges that many claims (90 percent) are unreported due to fear of retaliation, embarrassment, and other factors. Nonetheless, the agency still recovered $125.5 million on behalf of harassment victims from 2010-2016. 

Risk Factors Linked to Workplace Harassment

When it comes to sexual harassment, not all workplaces are equal. According to a 2016 report by the EEOC, there are several risk factors that make a company ripe for improper conduct. They include:

  • Homogenous Workforces: The risk of harassment increases where there is a lack of diversity in the workplace, i.e. a male-dominated office environment.
  • Workplaces Where Some Workers Do Not Conform to Workplace Norms: Harassment is more likely to occur where a minority of workers do not conform to workplace norms based on societal stereotypes, i.e. a woman who challenges gender norms by being “tough enough” to do a job in a traditionally male-dominated environment.
  • Cultural and Language Differences in the Workplace: Workplaces that are extremely diverse also pose a risk factor for harassment, particularly when there has been a recent influx of individuals with different cultures or nationalities into a workplace, or where a workplace contains significant “blocs” of workers from different cultures.
  • Coarsened Social Discourse Outside the Workplace: Events and crude social discourse that happen outside the workplace may make harassment inside a workplace more common or perceived as more acceptable, i.e. backlash against Muslims in the wake of the 9/11 attacks.
  • Workforces with Many Young Workers: Workers in their first or second jobs may be less aware of laws and workplace norms, i.e. what constitutes appropriate workplace conduct.
  • Workplaces with “High Value” Employees: Workforces in which some employees are perceived to be particularly valuable to the company may foster harassment because senior management may be reluctant to challenge the behavior of their high-value employees.
  • Workplaces with Significant Power Disparities: Workplaces where there are executives and administrative support staff, factories where there are plant managers and assembly line workers, and all branches of the military provide fertile ground for harassment due to the vast power disparities.
  • Workplaces that Rely on Customer Service or Client Satisfaction: Harassment may be tolerated by workers and employers in workplaces where an employee’s compensation may be directly tied to customer satisfaction or client service.
  • Workplaces Where Work is Monotonous or Consists of Low-Intensity Tasks: In jobs where workers are not actively engaged or have “time on their hands,” harassing or bullying behavior may become a way to vent frustration or avoid boredom.
  • Isolated Workspaces: In jobs where the workers are physically isolated or have few opportunities to work with others, harassers have easy access to their victims, and there generally are no witnesses to the harassment.
  • Workplace Cultures that Tolerate or Encourage Alcohol Consumption: Because alcohol reduces social inhibitions and impairs judgment, workplace cultures that tolerate alcohol consumption during and around work hours tend to be at greater risk for harassment.
  • Decentralized Workplaces: Decentralized workplaces, such as retail stores, that feature limited communication between organizational levels may foster a climate in which harassment may go unchecked.

Of course, the above risk factors are not exhaustive, and the existence of any one risk factor does not necessarily mean that sexual harassment is occurring. However, they do provide a useful tool for assessing potential problem areas and taking proactive measures to reduce harassment in the workplace.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Sean Dias, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"
How to Reduce Legal Risk as Your New Jersey Business Grows in 2026 post image

How to Reduce Legal Risk as Your New Jersey Business Grows in 2026

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]

Author: Ken Hollenbeck

Link to post with title - "How to Reduce Legal Risk as Your New Jersey Business Grows in 2026"
Crypto Investor Protection: SEC and CFTC Enforcement Trends post image

Crypto Investor Protection: SEC and CFTC Enforcement Trends

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]

Author: Dan Brecher

Link to post with title - "Crypto Investor Protection: SEC and CFTC Enforcement Trends"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!