New Jersey employment laws require employers to create safe working conditions for their employees. The New Jersey Law Against Discrimination (NJLAD) requires that employers protect workers from behavior that would be intimidating or abusive to a reasonable person.
Under the NJLAD, behavior that qualifies as intimidating or abusive must relate to a characteristic protected by the statute. These characteristics are as follows:
- Race and ethnicity;
- National origin;
- Gender identity or expression;
- Sexual orientation;
- Pregnancy and breastfeeding;
- Religion or not being affiliated with any religion;
- Disability or perceived disability;
- Family status, which encompasses marital status, domestic partnership, or civil union status;
- Military status, which would include having served in the past or current enlistment;
- Disability;
- Age for everyone over the age of 18.
Of course, federal law also bans harassment or abuse related to protected characteristics. The federal laws that protect employees from employment discrimination include the following:
Under both New Jersey and federal laws, if an employee notifies an employer that they are suffering harassment or abuse, the employer must perform a prompt, thorough, and fair investigation into an employee’s claim. If the employer confirms that the employee’s work environment is hostile, they should take meaningful action to remedy the situation.
If an employer takes no action, the employee may have a right to initiate a hostile work environment lawsuit.
It is important to note that before a person may file a hostile work environment lawsuit, they first need to file a claim for discrimination with the federal Equal Employment Opportunities Commission (EEOC). Or they would have to submit a claim to the New Jersey Attorney General’s Office, Division of Civil Rights (DCR)
The EEOC or the New Jersey DCR would investigate the claim. It would then take action itself or provide a person with a right-to-sue letter. This letter allows the person to file a lawsuit in court. A person should not delay in filing a lawsuit if that is their intention. A person only has 2 years from the date of the final act of harassment to file their lawsuit. A local attorney in New Jersey would be able to provide more information.
What Is a Hostile Work Environment?
Success with a claim of hostile work environment would require the employee to prove all of the following elements:
- Protected Groups or Adverse Employment Outcomes: The first element a person must prove is that the harassing conduct relates to the employee’s membership in a protected class. The protected classes are based on gender, race, ethnicity, age, sexual orientation, religion, and national origin.
- General harassment that is not related to an employee’s membership in a protected group means that the employee must show they were subject to “adverse treatment.”
- “Adverse treatment” means a negative employment outcome, such as firing, a lay-off, lack of promotion, or the denial of an advantageous job assignment;
- Harassment: The conduct about which an employee complains must be serious enough to qualify as harassment. Harassment can be either verbal or physical. It might be sexual harassment. It must be related to the employee’s membership in a protected class. Conduct that qualifies as harassment would be such conduct as another employee repeatedly making comments to the effect that an older employee’s age makes them unfit to do their job or otherwise creating a toxic work environment for an elderly employee;
- Pervasiveness: The harassment must be pervasive, meaning that it is spread throughout the employer organization. It may also mean that the conduct has persisted for a long period of time. A single incident is not pervasive. Rather, an offensive comment must be repeated many times over the course of weeks or months;
- Severity: The hostile behavior must be severe. It must be something more than occasional rudeness or tasteless joking. Instead, the behavior should be intimidating, offensive, or abusive. For example, if a co-worker is teasing or ridiculing an employee, it must be so frequent as to be unrelenting.
- A test the courts apply would be whether the conduct is severe enough to qualify as harassment and whether it has interfered with the employee’s ability to do their job. Courts apply the “reasonable person” test, which asks whether a reasonable person would characterize the behavior as abusive or intimidating and how a “reasonable person would probably react if subjected to the same circumstances;
- Knowledge or Intent: Finally, it must be shown that the employer knew, or should have known, about the harassing behavior.
All of these elements must be proven if a worker is to succeed with a claim that they have worked in a hostile work environment. A person would want to consult with an attorney to discuss their situation and whether it rises to the level of harassment as defined above.
When Should I File My Claim for a Hostile Work Environment?
The first step for a person putting together a claim for a hostile work environment is to ensure that they have evidence to support the claim.
As noted above, the type and extent of the harassment that qualifies is characterized by repeated, serious insults, threats, mockery, or offensive humor about a person’s membership in a protected class.
If a person believes that they are the victim of a hostile workplace harassment, they would want to take the following steps:
- Gather Evidence: An employee should collect and keep text messages, emails, and other communications that clearly demonstrate the harassment;
- Keep a Diary: An employee wants to record in writing the date, time, and nature of harassing incidents. The more accurate and routine the entries, the better it would be for their case;
- Report Harassment to the Boss: If a coworker is harassing a person, they would report it to the boss. If the harassment is coming from their boss, a person would report it to someone in the Human Resources (HR) department. If there is no HR department, then it may be time for a person to consult with a local attorney in New Jersey.
If a person’s employer is not responsive and does not act to remedy the hostile work environment, they have several options for seeking a remedy for their problem as follows:
- Submit a complaint alleging a hostile work environment to the federal EEOC;
- Submit a complaint alleging a hostile work environment to the New Jersey DCR;
- If a person is the victim of retaliation for having reported harassment or a hostile work environment, submit a complaint to the Retaliatory Employment Discrimination Bureau;
- If they obtain a right-to-sue letter, they may file a civil lawsuit.
How Do I Prove a Hostile Work Environment?
Again, a person must have evidence that shows that their workplace is toxic or hostile. As noted above, a person would want to record the incidents of harassment or discrimination as they occur. They would want to collect records of communications, e.g., phone messages, text messages, emails, and the like, that show evidence of the hostile conduct.
If a person wants to take legal action for their workplace distress, they must be able to prove their claims. A person must prove the following elements:
- They were harassed or discriminated against because of their gender, race, religion, age, national origin, or sexual orientation or that they suffered adverse treatment;
- The treatment was not welcome;
- The behavior went on consistently for a long period of time;
- The person reported the harassment or discrimination to their boss or HR, but the employer did not take action to stop it.
Again, a person would also want to prove that they reported the situation to their employer, and the employer did not try to alleviate the situation.
In addition to the elements of their claim, a person would have to prove the facts that would entitle them to the remedy they seek, e.g., that they suffered economic loss.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
The remedies that are available include payment of back pay, payment of compensatory damages, reinstatement to one’s job, reinstatement of an employment benefit that was denied, an order for policy changes, legal fees, and punitive damages. Of course, the exact remedy that a person might receive would depend on the unique facts of their particular situation.
Do I Need a New Jersey Lawyer for a Hostile Work Environment Lawsuit?
If you have been the victim of a hostile work environment, you want to talk to a New Jersey harassment lawyer. LegalMatch.com can connect you to a lawyer who will review the facts of your situation and guide you to the best way to protect your rights. Hostile work environment claims can be complex, but a lawyer can help guide you through the process from start to finish.
Last Updated: Jun 19, 2024
