Sexual Harassment Lawyers in New Jersey
Sexual harassment at work can turn every shift into something you just try to get through. Whether a supervisor tied your job to a sexual relationship, coworkers won’t stop commenting on your body, or a manager punished you after you said no, New Jersey law gives you the right to make it stop and to be compensated for what it cost you.
The employment lawyers at O’Connor, Parsons, Lane & Noble represent employees in Newark and across New Jersey in sexual harassment, hostile work environment, and retaliation claims. We’ll listen to what happened, explain your options in plain terms, and help you decide what to do next.
Sexual Harassment Law in New Jersey
New Jersey’s Law Against Discrimination (LAD) prohibits all forms of discrimination in employment, in housing, at places of public accommodation, and anywhere else people have a right to be, such as state agencies, the court system, and hospitals.
Among many other protected characteristics, the LAD bans discrimination based on sex, pregnancy, gender identity or expression, sexual orientation, and marital or civil union status.
The LAD applies with equal force to women, men, and people who identify as transgender.
The law also works in conjunction with other New Jersey and federal laws such as the Civil Rights Act of 1964 to shield people from sexual harassment.
What Is Sexual Harassment Under New Jersey Law?
A highly experienced New Jersey sexual harassment attorney will advise that sexual harassment is a form of gender-based discrimination. Accordingly, a person violates New Jersey’s LAD anytime someone is treated differently because of sex.
Sexual harassment in New Jersey may be quid pro quo harassment or behavior that creates a hostile environment.
Quid Pro Quo Sexual Harassment
Quid pro quo is sexual harassment where a person, usually in a position of relative power compared to the other, promises to do something in exchange for a sexual favor.
In the workplace, the employer cannot connect advancement or any other preferential treatment or benefit with a sexual activity.
Examples of quid pro quo sexual harassment include:
- Promising a benefit such as a raise or promotion in exchange for sexual favors or even going on a date;
- Hiring one person over another based on looks or the possibility of a dating relationship; or
- Retaliating against an employee because the employee rejected their supervisor’s advances.
Retaliation can include any adverse consequence, such as a demotion or a transfer. Termination of employment is not required.
Innocent or flirtatious behavior becomes sexual harassment if the recipient of the advances does not welcome them. Generally, asking a colleague on a date does not violate the LAD in New Jersey. However, conferring an employment benefit based on acceptance of the dating request is sexual harassment.
You deserve a safe place to work. We tirelessly fight for that right.
$2 Million New Jersey Sexual Harassment Verdict
Details of the case: For a former employee of a municipality in NJ who alleged she was sexually harassed by the former mayor. In this case, our client alleged she was the victim of sexual overtures, bodily contact and suggestive text messages from the Mayor and that the Municipal managers knew of the problem but did not do what was required to curb the harassment.
See More Sample Case ResultsHostile Work Environment
Hostile work environment is another form of sexual harassment commonly committed in New Jersey workplaces.
Under the standard the New Jersey Supreme Court set in Lehmann v. Toys ‘R’ Us, harassment creates a hostile work environment when it happened because of your sex and was severe or pervasive enough that a reasonable person in your position would find the working conditions changed and the environment hostile or abusive. Our article on examples of a hostile work environment walks through what that can look like.
Examples of hostile work environment sexual harassment include:
- Commenting on a person’s style of dress;
- Repeatedly saying that a person looks nice or doesn’t;
- Commenting on another’s body;
- Telling dirty jokes;
- Discussing one’s sexual conquests; or
- Any other behavior that makes a person feel uncomfortable because of their sex.
The behavior must be either severe or pervasive. Therefore, it is unlikely the telling of a sexually charged joke will create a hostile work environment on its own. However, repeating the behavior or engaging in harassing behavior after receiving a warning from a supervisor could create a hostile work environment.
Federal law and NJ law protect everyone in the workplace. The victim of sexual harassment need not be the object of the unlawful behavior. A victim could be a bystander or someone who overhears what has transpired. That includes harassment by someone of the same sex, which both federal law and the LAD prohibit.
Remedies in New Jersey for Sexual Harassment in the Workplace
New Jersey’s LAD is a powerful tool that provides strong incentives for employers to address sexual harassment appropriately.
Sexual harassment is intolerable. Therefore, New Jersey law permits a sexual harassment victim to file a claim for monetary damages, including compensatory and possibly exemplary damages, also known as punitive damages.
Compensatory damages may include back pay, an award for lost wages, medical expenses if the sexual harassment caused physical or emotional injuries, and damages for pain and humiliation. A court could award injunctive relief, costs, and attorney fees as well.
You might have a separate claim based on retaliation if your employer treated you unfavorably because you did something to protect your rights. No employer can retaliate against an employee for blowing the whistle on unlawful behavior in the workplace, including sexual harassment. If you were fired for reporting harassment, that can also support a wrongful termination claim.
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
In early 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. If you signed an arbitration agreement during the course of your employment, you might have agreed to arbitrate sensitive claims like those based on sexual assault and sexual harassment. Arbitration agreements have long allowed harassers and abusers to force victims into the alternative dispute resolution process.
Harassers can use arbitration to silence victims and keep claims confidential. This process prevents claims from going to court and becoming part of the public record. Alternative dispute resolution typically results in private settlements.
However, it also often locks victims into onerous non-disclosure agreements (NDAs). NDAs are another way victims are silenced and prevented from protecting others from sexual harassment and abuse.
If you have been a victim of sexual harassment and have not come forward because of an arbitration agreement, this change in the law can help.
President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act into Law on March 3, 2022. If you feel more comfortable with arbitration, you can retain the option to do so. But if you would like to have your day in court, you may now be able to achieve that, whether or not you ever signed an arbitration agreement. Talk to a New Jersey sexual harassment attorney to find out how. The law applies to claims that arose or accrued on or after that date.
What to Do If You are a Sexual Harassment Victim?
Deciding to end sexual harassment is not an easy choice in many cases. Your employer owes you an obligation to investigate and correct the behavior immediately upon receiving a complaint.
Despite both New Jersey law and federal law clearly prohibiting sexual harassment, including retaliation for reporting sexual harassment, deciding to file a complaint or talk to a supervisor is a difficult decision to make.
It is understandable why sexual harassment victims tolerate offensive behavior. The victim might feel like a “snitch” by filing a complaint.
Frequently, people rationalize that their feelings are unjustified because no one else feels like they do or they worry they are overly sensitive.
They might simply try to ignore it with the hope that the behavior will stop. It is time to speak with a New Jersey sexual harassment lawyer if you feel this way.
How Can a New Jersey Sexual Harassment Lawyer Help You?
Our attorneys are first and foremost staunch advocates for you. When you speak with us, you will empower yourself to act, not only to protect yourself, but to protect your colleagues as well.
A New Jersey sexual harassment attorney will thoroughly investigate your allegations and take all appropriate measures to protect your rights. We will also:
- Obtain a copy of your employer’s discrimination policies;
- Interview witnesses;
- Collect all documentary and physical evidence;
- Prepare and file all necessary pleadings; and
- Advocate aggressively for you.
The filing rules depend on which law you use. A federal claim under Title VII starts with a charge filed with the Equal Employment Opportunity Commission, generally within 300 days in New Jersey. Under the LAD, you can file with the New Jersey Division on Civil Rights within 180 days, or go straight to Superior Court within two years without filing an agency complaint first. Reporting the harassment to your employer isn’t a legal requirement before an LAD lawsuit, but it often matters to the case, because it shows your employer knew and had a chance to act.
Finally, all sexual harassment claims are time-sensitive. Failing to file a timely claim will cause you to forfeit your rights.
Taking your employer on without representation can be daunting. No matter how big or small of a company you work for, your employer will assuredly have a lawyer whose sole job is to protect your employer’s interests.
Having legal representation on your side will level the playing field for you and allow you to tell your story. Your NJ harassment attorney has but one duty: to protect you.
Protect Yourself Against Sexual Harassment in the Workplace
At O’Connor, Parsons, Lane & Noble, our New Jersey sexual harassment lawyers have the experience, knowledge, and compassion you need to get you through this difficult time. No one should suffer the indignity of sexual harassment, at work or anywhere else.
We believe firmly that every person has the right to earn a living free from unwelcome sexual advances, quid pro quo, and hostile work environment sexual harassment.
Contact a Sexual Harassment Lawyer
Contact us today at 908-928-9200 to talk with us about how we can help you.
Results may vary depending on your particular facts and legal circumstances.
Relevant Reading:
- Ways to Make a Strong Legal Sexual Harassment Case
- What Are the Long-Term Effects of Sexual Harassment in the Workplace?
- New Law Prohibits Forced Arbitration of Sexual Harassment and Assault Claims
- Same-Sex Harassment: What You Should Know
- The Statute of Limitations for Sexual Harassment in New Jersey
- What is Quid Pro Quo Sexual Harassment in New Jersey?
- Retaliation after Reporting Sexual Harassment