- New Jersey Sexual Harassment Lawyer
- New Jersey Retaliation Lawyer
- New Jersey Family and Medical Leave Lawyer
- New Jersey Hostile Work Environment Lawyer
- New Jersey Equal Pay Lawyer
- New Jersey Employment Discrimination Lawyer
- New Jersey Unpaid Overtime or Wages Lawyer
- New Jersey Severance and Separation Lawyer
- New Jersey Whistleblower Retaliation Lawyer
- New Jersey Wrongful Termination Lawyer
- New Jersey Contract Review and Negotiation Attorney
HARASSMENT
THE WORKPLACE IS SUPPOSED TO BE A RESPECTFUL, PROFESSIONAL ENVIRONMENT
Both the federal government and the State of New Jersey forbid discrimination in employment based on sex. Discrimination includes sexual harassment. Such harassment may include demands for sexual favors as a condition of employment. It can also mean subjecting a person to a hostile work environment based on their sex. Sexual harassment is not something that anyone should have to tolerate in their workplace.
So if you have been the target or victim of such harassment, you can, and should, take legal action to assert your rights under the law. Our Montclair sexual harassment attorneys can help. The Law Offices of Usmaan Sleemi is a dedicated New Jersey employment law firm that helps workers at companies of any size understand and enforce their rights to be free from sexual harassment. Our sexual harassment lawyers can review your case, advise you of your options under state and federal law, and represent you in dealing with your employer and the legal system. Contact us today to schedule a free consultation.
Our law firm represents clients throughout Montclair, Essex County, and the surrounding areas of New Jersey, helping people fight against discrimination in all its many forms. Sexual harassment can come from a supervisor, a coworker, or even a third party connected to the business. No matter who is responsible, you have the right to protect your job and pursue justice through legal action.
Sexual Harassment and the New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (LAD) forbids employment discrimination based on a number of legally protected characteristics, including “sex, gender identity or expression, and affectional or sexual orientation.” In its simplest form, sex discrimination occurs whenever an employee is subject to unfavorable or adverse treatment based on a protected characteristic.
The New Jersey Division on Civil Rights handles sexual harassment claims along with the U.S. Equal Employment Opportunity Commission, giving victims two separate paths to pursue justice. Victims can file claims under the NJLAD within two years of the harassment occurring. This time limit makes it important to speak with an employment lawyer as soon as possible so that all legal requirements and deadlines are met.
Quid Pro Quo Sexual Harassment
Sexual harassment under the LAD generally takes one of two forms. The first is quid pro quo sexual harassment. This is where the employer directly conditions an employment-related benefit on sexual favors. Conversely, it is also quid pro quo harassment to threaten adverse action if the employee does not provide a sexual favor.
Some common examples of quid pro quo harassment under the LAD include:
- A hiring manager offers to hire you if you go out on a date with them first.
- Your supervisor promises you certain job-related perks, such as a promotion, a new title, or extra vacation time, in exchange for having sex with them.
- Your manager threatens to give you a bad performance review unless you agree to have sex with them.
In short, it is against the law in New Jersey for any employer–or any officer, director, manager, or employee acting on the employee’s behalf–to condition someone’s employment on providing sexual favors.
Hostile Work Environment Harassment
The second form of sexual harassment is known as hostile work environment harassment. While often not as direct as quid pro quo harassment, hostile work environment harassment is just as problematic and illegal. Essentially, a hostile work environment is one where the employee is subjected to unwanted and unwelcome conduct in the workplace based on their gender. At the same time, not all unwelcome conduct is necessarily sexual harassment. The law requires proof that it is “severe or pervasive” enough to make the employee feel intimidated.
Some examples of conduct that can rise to the level of hostile work environment harassment include:
- A supervisor regularly makes complimentary or insulting remarks about your physical appearance, such as your weight, how you dress, what makeup you wear, et cetera.
- Your coworkers regularly make lewd sexual jokes or comments in your presence, even after you ask them to stop.
- A manager routinely engaged in unwanted touching, such as giving you hugs or rubbing your back.
It is important to note that hostile work environment harassment does not have to originate with a manager or coworker. There are cases where an employer can be liable for sexual harassment committed by third parties, such as customers or outside contractors, whose actions create a hostile work environment. Under the LAD, your employer must take affirmative action to stop any sexual harassment that it knows about, or reasonably should have been aware of. This means your employer should have procedures in place to report and address allegations of sexual harassment.
How to Document and Report Sexual Harassment
Victims of sexual harassment should document all incidents with details such as dates, times, locations, and the names of anyone involved or who witnessed it. Keeping a written record makes it much easier for sexual harassment lawyers to build a strong case later. Save any emails, texts, or other messages that show the harassment took place, and report the behavior to your employer through whatever internal process is available.
An experienced employment lawyer will know how to gather evidence and handle contested testimony if your employer or the accused person denies what happened. In some cases, lawyers can compel abusers to testify under oath as part of the legal process. This kind of thorough preparation can make a real difference in the outcome of your hostile work environment claim.
Federal vs. State Laws Governing Sexual Harassment
At the federal level, Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on sex, which includes sexual harassment. In terms of the conduct prohibited, Title VII and the LAD cover much the same ground. But there are a few critical differences.
First, Title VII does not cover all employers. The statute only covers employers who have 15 or more employees. The LAD, in contrast, covers all New Jersey employers regardless of size. So if you work for a small business with just a few employees, your only available remedy for dealing with sexual harassment may be the LAD.
Second, Title VII only covers workers who meet the federal statutory definition of an “employee.” This excludes a whole range of workers who are classified as “independent contractors.” The LAD, however, covers both statutory employees and independent contractors.
Finally, the LAD contains language barring New Jersey employers from seeking to enforce any provision of an employment agreement that “waives any substantive or procedural right or remedy related to a claim of discrimination,” including complaints regarding sexual harassment. Nor can an employer use a settlement of a sex discrimination lawsuit to enforce any “non-disclosure provision” that would prevent you from publicly revealing “sufficient details of the claim so that the employer is reasonably identifiable.”It is also important to note that retaliation is illegal under both the LAD and Title VII. In other words, your employer cannot subject you to any adverse employment action for reporting or complaining about sexual harassment in the workplace. For example, your company cannot fire you because you accused your manager of quid pro quo harassment.
Wrongful Termination and Retaliation Claims in New Jersey
Wrongful termination includes firing an employee for unlawful discrimination reasons, including reporting sexual harassment in the workplace. Firing someone in retaliation for whistleblowing about harassment or other illegal conduct is also considered wrongful termination under New Jersey law. If you were fired after speaking up about sexual harassment, you may have a separate claim in addition to your harassment claim.
New Jersey requires filing wrongful termination claims within two years, while claims under the Conscientious Employee Protection Act, which protects whistleblowers, must be filed within one year. These shorter deadlines make it important to act quickly. A Montclair sexual harassment lawyer can help you understand which laws apply to your situation and make sure your claims are filed within the correct statutory time limits.
Frequently Asked Questions About Sexual Harassment Claims
How do I prove sexual harassment happened at work?
Proving sexual harassment usually comes down to evidence: emails, texts, witness statements, and a clear timeline of what happened and when. Documentation matters more than people realize, especially in cases where the harasser denies the conduct. An experienced sexual harassment lawyer knows how to gather this evidence and present it in a way that supports your claim.
What should I do if my employer retaliates after I report harassment?
Retaliation for reporting sexual harassment is illegal under both New Jersey law and federal law. If you were demoted, had your hours cut, or were fired after making a complaint, that retaliation may give rise to a separate legal claim. Contact an employment lawyer right away to discuss what happened and how to protect your rights going forward.
Can I sue for sexual harassment if I work for a small business?
Yes, in most cases. While Title VII only applies to employers with 15 or more employees, the New Jersey Law Against Discrimination applies to all employers in the state, regardless of size. This means employees at even the smallest businesses in New Jersey have legal protection against sexual harassment in the workplace.
How long do I have to file a sexual harassment claim in New Jersey?
Victims generally have two years to file a claim under the NJLAD. Claims involving wrongful termination also follow a two-year deadline, while claims under the Conscientious Employee Protection Act must be filed within one year. Missing these deadlines can mean losing your right to pursue compensation, so it is best to speak with a lawyer as soon as possible after the harassment occurs.
Contact Our Montclair Sexual Harassment Lawyer Today
If you have been the target of workplace sexual harassment, you have the right to pursue financial compensation and other damages against your employer under Title VII and the LAD. Our qualified Montclair sexual harassment attorney can review your case and offer you more specific legal advice about how to proceed. So if you need to speak with someone about your sexual harassment claim, call the Law Offices of Usmaan Sleemi at 973-833-3459 to set up a free consultation.