No one should feel unsafe, degraded, or humiliated in their place of employment. If you are a victim of workplace harassment, it’s necessary to understand that you have rights. Read on and give our firm a call today to speak with one of our skilled and dedicated New Jersey employment lawyers. Our legal team is on your side, no matter what.
Laws That Protect Workers From Harassment in New Jersey
It’s necessary to understand that employees in Gloucester County and across the state are protected under both federal and New Jersey state laws. In general, the most important legal protection in place is the New Jersey Law Against Discrimination, which typically provides broader protections than some of the federal laws in place.
Workers in New Jersey should also know that they have options, even if the harassment doesn’t come from their supervisor or employer, but a co-worker or third party, depending on the employer’s response.
New Jersey and Federal Laws That May Apply
- New Jersey Law Against Discrimination (NJLAD) – prohibits discrimination and harassment based on protected classes
- Title VII of the Civil Rights Act of 1964 – covers harassment related to race, sex, religion, or national origin
- Americans with Disabilities Act (ADA) – shields from harassment related to a disability or medical condition
- Age Discrimination in Employment Act (ADEA) – protects against age based harassments for workers over age 40
- Pregnancy Discrimination Act of 1978 – prohibits harassment tied to pregnancy, childbirth, or related conditions
What the Law Usually Requires
- Harassment must be unwelcome
- The conduct must be severe or pervasive enough to create a hostile work environment
- There must be a link to a protected class or characteristic
- Employer response matters
What Constitutes Workplace Harassment In New Jersey?
Workplace harassment extends well beyond occasional snappy coworkers or rude bosses in Glassboro or Woodbury. In many instances, harassment occurs when the behavior is ongoing and creates a hostile work environment.
Unfortunately, many people subject to harassment in the workplace do not report these issues because they aren’t sure if it “counts.” However, if the behavior escalates, is repeated, or feels targeted, it’s worth taking the situation seriously.
Common Examples of Workplace Harassment in New Jersey
- Slurs or derogatory comments
- Offensive jokes
- Sexual comments, unwanted flirting, unconsensual touching
- Threats or intimidation
- Making fun of someone’s age, disability, religion, or accent
- Displaying offensive images or sending harmful messages
Actions That May Strengthen a Harassment Claim
- The conduct is repeated or increases in severity
- The harassment is tied to a protected trait
- A manager or supervisor participates in or encourages the behavior
- You filed a report, but your employer failed to act
What Are My Options if I’m Facing Workplace Harassment?
If you are being harassed at your place of work in New Jersey, it’s imperative to understand that you likely have options. While some may be internal, others can involve external entities or legal action. Knowing how to proceed will depend on the type of harassment you have faced, the severity of the actions, and your employer’s response
Options You May Have
- Internal Complaint
- File a written report to your supervisor or the Human Resources department
- Follow your employer’s reporting policy as determined in your employee handbook
- External Complaint
- File a complaint with the New Jersey Division on Civil Rights (DCR)
- File a charge with the EEOC for federal harassment claims
- Legal Action
- In some instances, you may be able to pursue a lawsuit if you have taken the appropriate measures
What “Good” Reporting Looks Like
- You have taken the steps to report through the proper channels
- You have provided a clear description and account of what happened
- You have provided dates of the behavior and supporting proof of your claims
- You have retained copies of all documents and forms submitted
What To Do if You Believe You Are Being Harassed in New Jersey
If you have reason to believe that you are the victim of harassment at your Gloucester County workplace, taking the appropriate steps is critical to protecting your safety and your legal rights. Unfortunately, the outcome of these cases is often determined by documentation and timelines.
Practical Steps to Take Immediately
- Notify your employer (email or other written communication is ideal)
- Notify your HR department and request written confirmation that they have received your complaint
- Store all documentation, like screenshots, texts, and photos, in a safe location
- Create a log of the harassment you’ve experienced, with dates, times, and descriptions
- Keep all schedules, write-ups, and performance reviews
Retaliation Warning
Unfortunately, some workers may find that the harassment they face gets worse after they file a complaint with their employer. Retaliation may include being fired, demoted, having hours reduced, or being unfairly disciplined. Under the NJLAD, retaliation is a separate legal violation.
Contact Our New Jersey Employee Defense Team Today
At the Vigilante Law Firm, P.C., our legal team understands how difficult it can be to experience harassment at your place of work. That is why our firm is ready to provide you with assistance in your case and help you protect your future when so much is on the line. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.
