Workplace sexual harassment, much like workplace discrimination, takes many forms and is often difficult to see. Furthermore, the legal standards are very precise. So, even the most egregious behavior may not be actionable. On the flip side, these laws offer broad protections in many cases. For example, employers could be held liable for third-party sexual harassment, perhaps from a customer or vendor.
If you are searching for a New Jersey sexual harassment lawyer, you may be experiencing a deeply stressful and unfair workplace situation. Sexual harassment can damage your career, emotional well-being, and financial stability. Fortunately, employees in New Jersey have some of the strongest workplace protections in the country. An experienced employment attorney from HKM helps you understand your rights, file a claim, and pursue compensation. This guide explains how sexual harassment laws work in New Jersey, what qualifies as harassment, and how a skilled lawyer can protect you.
What is Sexual Harassment in New Jersey?
Sexual harassment is a form of unlawful discrimination based on sex, gender, gender identity, sexual orientation, or pregnancy. It is illegal under federal law and the New Jersey Law Against Discrimination (NJLAD), one of the most employee-friendly civil rights laws in the nation.
Quid Pro Quo Harassment
This form of harassment occurs when a supervisor or person in authority conditions employment benefits on sexual favors. Examples include:
- Offering a promotion in exchange for sexual conduct,
- Threatening termination for rejecting advances, and
- Promising raises or favorable shifts in exchange for dates.
The law deals harshly with these matters. Even a single incident of quid pro quo harassment can be illegal.
Hostile Work Environment
If unwelcome sexual conduct is severe or pervasive enough to create an intimidating, hostile, or offensive workplace, the work environment is legally hostile. Examples include:
- Repeated sexual comments or jokes,
- Inappropriate touching,
- Sharing explicit images,
- Sexual gestures or suggestive emails, and
- Persistent unwanted flirting.
The overall environment need not be hostile. Frequently, workers feel like they must avoid certain people or places, like the break room, to avoid harassment. That is illegal.
Because the matter is complex, only a New Jersey sexual harassment lawyer can determine whether the conduct meets the legal threshold for a claim.
Federal vs. State Protections
Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964, which is enforced by the Equal Employment Opportunity Commission (EEOC). However, New Jersey law often provides broader protections than federal law. Under the New Jersey Law Against Discrimination (NJLAD):
- Employers with even one employee can be liable,
- Victims may recover emotional distress damages,
- Punitive damages may be available, and
- There is strong protection against retaliation.
Because of these enhanced protections, sexual harassment lawyers in Paterson often file cases in New Jersey state courts rather than federal court.
Signs You May Need a New Jersey Sexual Harassment Lawyer
Although these strong protections are available, they are just ink on paper unless an attorney gets involved. You should consult a sexual harassment attorney if:
- You reported misconduct and were ignored,
- HR failed to investigate your complaint,
- You were demoted, disciplined, or fired after complaining,
- The harassment continued after you asked it to stop, or
- You feel forced to quit due to unbearable conditions.
That final bullet point merits additional explanation. Constructive termination is common in New Jersey. Many bosses erroneously believe that if employees quit, they waive their rights to sue for sexual harassment or other workplace misconduct. Our Paterson, NJ, sexual harassment lawyers hold employers responsible for these illegal actions.
Employer Liability in New Jersey
Under both state and federal law, employers in New Jersey can be held responsible for sexual harassment in several ways:
- Supervisor Harassment: Employers are often strictly liable for harassment by supervisors. Strict liability applies because supervisor harassment has an element of power imbalance and breach of trust.
- Coworker Harassment: Employers may be liable if they knew or should have known about the harassment and failed to act. Employers have a duty to properly hire, supervise, and discipline employees.
- Third-Party Harassment: This form of sexual harassment is especially common among customer-facing employees, like waitresses. Harassment by customers, vendors, or clients can also lead to liability if the employer knew about it, was in a position to act, and did not respond appropriately.
Employers could also be liable for improper sexual harassment investigations. These investigations must be prompt, thorough, and transparent. Additionally, the results must be based solely on the facts gathered during that investigation.
What Compensation Can You Recover?
Victims of sexual harassment in New Jersey may be entitled to significant financial compensation, including:
- Back pay (lost wages),
- Front pay (future lost earnings),
- Emotional distress damages,
- Punitive damages (in egregious cases), and
- Attorneys’ fees and costs.
In some cases, settlements can be substantial, particularly if the harassment involved a supervisor or resulted in termination.
Additionally, most sexual harassment court judgement and administrative resolutions include consent decrees that force employers to change their business policies and prevent future incidents.
The Legal Process for Filing a Sexual Harassment Claim
Although a settlement can happen at any time, most court cases and administrative proceedings have basically the same roadmap.
Step 1: Consult a Lawyer
At the first sign of trouble, speak with a New Jersey sexual harassment lawyer. Your lawyer will provide a roadmap for you.
Step 2: Document the Harassment
Keep records of incidents, including dates, witnesses, emails, texts, or voicemails. Many employers try to settle cases at this point, to limit the damage. However, an early settlement is usually not a favorable settlement. Attorneys must uncover additional evidence to obtain optimal results.
Step 3: Report the Conduct
If possible, follow your company’s internal reporting procedures. Many employers require written complaints to HR. A failure to follow procedure could hurt your claim later.
Step 4: File a Claim
Most attorneys negotiate with organizations before filing. Most lawyers try the quick and easy way first. If this method fails, your attorney may file a charge with the EEOC (federal law) or an NJALD lawsuit (state law).
Sexual harassment claims are subject to strict deadlines. EEOC claims generally must be filed within 300 days, and NJLAD lawsuits typically must be filed within two years. Failing to act within these deadlines may prevent you from recovering compensation.
Reach Out to a Savvy Passaic County Lawyer
Courts and administrative agencies must balance the interests of employers and employees in many cases. For a confidential consultation with an experienced sexual harassment lawyer in Paterson, contact HKM Employment Attorneys LLP. Our office has a home-town atmosphere and access to nationwide resources.
