Sexual harassment in the workplace affects millions of workers across the United States, with 1 in 4 women and 1 in 6 men experiencing harassment during their careers. In New Jersey, employees have some of the strongest legal protections in the nation against workplace sexual harassment, thanks to the comprehensive New Jersey Law Against Discrimination (LAD).
If you’re experiencing sexual harassment at work, you’re not alone, and you don’t have to suffer in silence. Understanding your rights and knowing the proper steps to take can make the difference between continued harassment and achieving justice. If you’re facing this difficult situation, consulting with a New Jersey employment attorney can help protect your rights and guide you through the legal process.
Understanding Sexual Harassment Under New Jersey Law
Sexual harassment in New Jersey workplaces takes two primary forms, both of which are illegal under state and federal law. The New Jersey Law Against Discrimination provides broader protections than federal law, making it easier for victims to seek justice.
Quid pro quo harassment occurs when a supervisor or person in authority makes employment decisions based on an employee’s submission to or rejection of sexual advances. This includes demanding sexual favors in exchange for promotions, threatening termination for refusing advances, or conditioning work opportunities on sexual compliance. Even a single incident can establish a legal claim.
Hostile work environment harassment involves unwelcome sexual conduct that creates an intimidating or offensive workplace. This includes persistent sexual jokes or comments, display of sexually explicit materials, unwanted touching, sexual gestures, persistent requests for dates after being refused, and comments about appearance or sexual activities. Our sexual harassment lawyers in New Jersey have successfully handled numerous cases involving both types of harassment.
New Jersey law provides stronger protections than federal law, including a lower threshold for harassment claims, expanded employer liability for harassment by non-employees, stronger retaliation protections, and broader damages including emotional distress and punitive damages.
Immediate Steps to Take
If you’re experiencing sexual harassment, taking prompt action is crucial for stopping the harassment and protecting your legal rights. Start by documenting everything thoroughly, including dates, times, locations, detailed descriptions of incidents, names of witnesses, and your responses to harassment. Keep records at home, not at work, and preserve all electronic communications.
Report the harassment internally following your company’s procedures exactly. Submit reports in writing when possible, keep copies of all communications, and request written responses. If your direct supervisor is the harasser, report to higher management or HR directly. Remember that employers are legally required to investigate harassment complaints promptly and thoroughly.
Preserve all evidence carefully by forwarding harassing emails to personal accounts, taking screenshots of text messages, saving voicemails, photographing offensive materials, and collecting witness contact information. A workplace harassment attorney can advise you on effective evidence preservation and reporting strategies.
Don’t hesitate to seek support through employee assistance programs, counseling services, or medical attention for harassment-related stress. Document any medical treatment and maintain records of how harassment affects your work and personal life.
Filing Formal Complaints
When internal reporting doesn’t resolve the harassment, you have several legal options. The New Jersey Division on Civil Rights (DCR) enforces state anti-discrimination laws and provides free investigation services. You can file a verified complaint within 180 days, and DCR will investigate at no cost while preserving your right to file a lawsuit.
You can also file with the federal Equal Employment Opportunity Commission (EEOC) within 300 days for sex-based harassment. The EEOC investigates and may issue a “right to sue” letter, which is required before filing federal lawsuits.
New Jersey law also allows private lawsuits in state court, which offer advantages including broader damages, faster resolution, and greater control over the legal process. An experienced New Jersey employment lawyer can help determine which option is best for your situation.
Legal Protections and Remedies
New Jersey provides comprehensive legal protections and substantial remedies for sexual harassment victims. The LAD covers all employers with one or more employees and protects against retaliation for filing complaints, participating in investigations, or opposing discriminatory practices.
Successful harassment claims can result in significant compensation including lost wages and benefits, future lost earnings, medical expenses, emotional distress damages, and punitive damages when employer conduct was especially egregious. Other remedies include reinstatement, policy changes, training requirements, and attorney’s fees.
Our employment law firm has recovered millions of dollars for harassment victims and understands how to maximize compensation in these complex cases.
Avoiding Critical Mistakes
Many harassment victims inadvertently harm their cases by making common mistakes. Don’t ignore harassment, as silence can be interpreted as acceptance and harassment often escalates when unchallenged. Don’t quit without consulting an attorney, as this can be seen as voluntary job abandonment and may limit available remedies.
Never delete or destroy evidence, even if it seems embarrassing, and don’t handle the situation alone. Sexual harassment cases are complex and emotionally challenging, requiring professional legal guidance to navigate successfully.
Take Action: Protect Your Rights Today
Sexual harassment is illegal under both New Jersey and federal law, and you have the right to work in an environment free from unwelcome sexual conduct. Time is critical in harassment cases, as evidence can disappear and legal deadlines can expire.
Charles Z. Schalk is a dedicated New Jersey employment attorney with over 30 years of experience fighting for employees’ rights. Our firm has successfully represented hundreds of sexual harassment victims, recovering millions of dollars in damages and helping clients reclaim their workplace dignity.
We understand the challenges you’re facing, including the emotional toll of harassment, fear of retaliation, concerns about job security, and the complexity of employment law procedures. Our sexual harassment legal team provides free confidential consultations, thorough case evaluation, aggressive representation, and compassionate support throughout the legal process.
Don’t let sexual harassment destroy your career or well-being. Contact Charles Z. Schalk, an experienced New Jersey sexual harassment attorney, today at (908) 526-0707 for a free consultation. Your rights matter, and we’re here to fight for them with no attorney fees unless we win your case.