How to File a Sexual Harassment Complaint in New Jersey

When it comes to determining how to file a sexual harassment lawsuit, it is important to first understand how sexual harassment is defined in New Jersey. In New Jersey, sexual harassment is legally defined under the New Jersey Law Against Discrimination (“NJLAD”).

The NJLAD outlines acts that may be considered sexual harassment, including sexual advances, requests for sexual favors, sexual or sex-based conduct, or any other unwelcome and offensive conduct of a sexual nature.

Sexual harassment can be verbal, physical, or nonverbal. Additionally, the NJLAD does not make a distinction between genders. This means that the victim and harasser do not have to be of the opposite sex for sexual harassment to occur.

In order to file a sexual harassment complaint with your employer in New Jersey, you can follow these general steps:

• Document the Harassment: You should always keep a detailed record of any incidents, including dates, times, locations, and any witnesses
  • When documenting harassment, you should save any relevant emails, messages, or other evidence regarding the incident, such as incident reports
• Report to Your Employer: Immediately notify your supervisor, manager, or the human resources department about the harassment and provide them with the above documentation
• Follow Company Procedures: Be sure to follow your employer’s internal procedures for reporting harassment, which may involve filling out specific forms or providing a written statement
• File a Complaint with the DCR or EEOC: If your employer does not address or resolve your issue satisfactorily, you can file a complaint with the New Jersey Division on Civil Rights (“DCR”) within the Office of the Attorney General or with the Equal Employment Opportunity Commission (“EEOC”)
  • It is important to note that you must file with the EEOC within 180 days of the incident
• Seek Legal Advice: It is recommended to consult with an attorney who practices employment law, as they can provide you with guidance and support throughout the legal process, and even file a civil complaint against your employer if you have suffered damages

How Do I Know if Am I Victim of Sexual Harassment in the Workplace?

Determining if you are a victim of sexual harassment in the workplace can involve recognizing certain behaviors and understanding how they affect you. The following list contains common examples of signs that you might be experiencing sexual harassment in the workplace in New Jersey:

• Unwanted Sexual Advances: Persistent and unwelcome advances or requests for sexual favors
• Inappropriate Comments: Offensive remarks or jokes about your body, appearance, or sex life
• Physical Contact: Unwanted touching, such as hugging, kissing, or other physical interactions
• Sexual Gestures: Lewd or suggestive gestures or displays
• Visual Harassment: Displaying sexually explicit images or videos
• Quid Pro Quo: Being asked to submit to certain sexual conduct in exchange for job benefits like promotions or a favorable evaluation
• Hostile Work Environment: Any other conduct that creates an intimidating, hostile, or offensive work environment, making it difficult for you to perform your job

If you are experiencing any of the above behaviors, you should document them meticulously and immediately report them to your supervisor, manager, or HR department. If the harassment continues or is not addressed, you should then consider filing a complaint with the New Jersey Division on Civil Rights or the Equal Employment Opportunity Commission.

What Are the Different Kinds of Sexual Harassment Claims?

In New Jersey, there are two different forms of sexual harassment that may occur in the workplace, including:

• Hostile Work Environment: This sexual harassment claim occurs when unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment
  • A hostile work environment can be created by verbal comments, threats, jokes, insults, name-calling, physical touching, or displaying sexually suggestive materials
• Quid Pro Quo Harassment: This sexual harassment claim involves a situation where job benefits are contingent upon sexual favors
  • For instance, a supervisor might promise a promotion in exchange for sexual activity or threaten adverse action if the employee refuses

A New Jersey attorney will be familiar with all of the different forms of sexual harassment claims that are available to you under both state and federal law. They will also be able to assist you in recovering from any damages that you may have suffered as a result of harassment in the workplace.

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

Yes, If you are a victim of sexual harassment in the workplace, you may sue your employer for damages. However, there are certain procedures that must be followed. Here are steps you can take:

• Document the Harassment: Keep detailed records of the incidents, including dates, times, locations, and any witnesses
• Report to Your Employer: Notify your supervisor, manager, or HR department about the harassment
• File a Complaint with the DCR or EEOC: If your employer does not address the issue satisfactorily, you can file a complaint with the New Jersey Division on Civil Rights within the Office of the Attorney General, or with the Equal Employment Opportunity Commission
  • Once again, it is important to do this within 180 days of the incident, as doing so any later could result in you being barred from bringing your claim later
• Receive a Right-to-Sue Letter: After filing with the EEOC, you will receive a “right-to-sue letter,” which allows you to file a lawsuit in federal court if necessary
• Consult an Attorney: If you decide to file a private sexual harassment lawsuit, it is advisable to consult with an employment lawyer who handles workplace harassment cases

In order to prove a sexual harassment claim in a workplace lawsuit in New Jersey, you must establish the following legal elements:

• Sex-Based Conduct: The harassment must have occurred due to the victim’s sex, meaning the offensive behavior was directed at you because of your gender
• Unwelcome Behavior: The actions must be unwanted and not invited by the victim
  • In other words, the behavior should be something a reasonable person would find offensive or hostile
• Severity or Pervasiveness: The conduct must be severe or widespread enough to create a hostile, intimidating, or abusive work environment
  • To be clear, the conduct must have significantly disrupted your job performance or made your work setting uncomfortable
• Employer’s Awareness and Response: The employer must have known or should have known about the harassment against you and failed to take appropriate corrective actions
  • If your supervisor was the harasser, the employer can be held strictly liable
• Adverse Job Action (for Quid Pro Quo claims): In cases of quid pro quo harassment, you must show that accepting or rejecting the unwelcome behavior led to a tangible employment action, such as being hired, fired, promoted, or demoted.

Do I Need a Lawyer to File a Sexual Harassment Claim?

If you are a victim of sexual harassment in the workplace and have suffered harm or damages as a result, it is important to contact an experienced sexual harassment lawyer in New Jersey immediately. An attorney can protect your legal rights and help you recover from any damages you suffered.

LegalMatch can assist you in finding and arranging a consultation with an experienced sexual harassment attorney in your area. During the initial consultation, the lawyer can explain your legal rights and options under both federal law and New Jersey’s workplace harassment laws.

They will also ensure you meet all state deadlines for filing your lawsuit and guide you through the necessary procedures to pursue your sexual harassment claim. Additionally, an attorney can draft your civil complaint and file it against your employer after you received your right-to-sue letter. Finally, they can represent you in court, if needed.