Imagine going to work every day feeling anxious and unsafe, dreading the next inappropriate comment or unwelcome advance. Sadly, this is the reality for far too many New Jersey employees. Over 60% of employees in the state have experienced or witnessed workplace harassment firsthand. But here’s the good news: you don’t have to endure it.
New Jersey has some of the strongest workplace harassment protections in the country. If you’re facing harassment, knowing your rights under the New Jersey Law Against Discrimination (NJLAD) and taking the right legal steps can protect your career and well-being. At Swartz Swidler LLC, we fight to ensure your voice is heard.
NJLAD vs. Title VII Protections: What’s the Difference?
Feature | New Jersey Law Against Discrimination (NJLAD) | Title VII of the Civil Rights Act |
|---|---|---|
Employer Coverage | Applies to employers with 1+ employees | Applies to employers with 15+ employees |
Protected Traits | Covers race, gender, age, disability, sexual orientation, pregnancy, marital status, and more | Focuses on race, color, religion, sex, and national origin |
Filing Deadlines | 180 days to file with NJDCR | 300 days to file with EEOC if state laws apply |
Available Remedies | Allows for back pay, emotional distress compensation, punitive damages | Limited punitive damages and remedies vary |
State-Specific Protections | Covers smaller employers and more protected traits | Federal-level protections only |
Key Takeaway: New Jersey law offers broader protections than federal law, making it easier for employees to seek justice when facing workplace harassment.
1. What is Workplace Harassment?
Workplace harassment is any unwelcome behavior that creates a hostile, intimidating, or offensive work environment based on protected traits (e.g., race, gender, sexual orientation).
Types of Workplace Harassment
Quid Pro Quo Harassment – When job benefits (e.g., promotions) are tied to accepting unwelcome advances.
Hostile Work Environment – When ongoing behavior makes the workplace unbearable.
Examples of Workplace Harassment
- Persistent derogatory jokes or slurs
- Unwanted advances or inappropriate physical contact
- Exclusion, isolation, or intimidation by coworkers or management
Fact: Harassment is not judged by intent—it’s about how it impacts the victim.
2. Understanding Your Rights in New Jersey
Under NJLAD, employees are protected from harassment based on:
- Race, gender, sexual orientation, and religion
- Age, disability, marital status, pregnancy
- Gender identity or expression
These protections apply to all aspects of employment, including hiring, promotions, job duties, and workplace conditions.
Unlike federal law, NJLAD applies to businesses with just one employee!
3. Recognizing Workplace Harassment
Signs to Look For:
- Offensive remarks aimed at protected traits.
- Exclusion from meetings, projects, or work events without a valid reason.
- Unwarranted negative performance reviews after speaking up.
Common Myths vs. Facts
- Myth: Harassment must involve physical behavior.
Fact: Verbal and emotional harassment can create a hostile work environment.
Myth: One isolated comment isn’t harassment.
Fact: Repeated or severe incidents qualify as harassment.
4. How to Document Workplace Harassment
Why Documentation Matters
Building a strong case starts with detailed records. Employers and courts rely on evidence to assess complaints.
Effective Documentation Tips
- Record dates, times, and locations of incidents.
- Save emails, texts, or written communications.
- Identify witnesses who can corroborate your claims.
Example: “On January 15, 2024, my supervisor made an inappropriate comment about my appearance in the staff meeting. [Coworker’s Name] was present and can verify this.”
5. Reporting Harassment to Your Employer
Most companies have internal processes for handling harassment. Follow these steps:
1️⃣ Review Company Policies: Check your employee handbook for reporting procedures.
2️⃣ File a Written Complaint: Be specific about incidents and their impact.
3️⃣ Follow Up: Ensure your complaint is acknowledged.
Retaliation is Illegal under NJLAD. If you face backlash for reporting, document any adverse actions.
6. Filing a Formal Complaint
If internal reporting doesn’t work, escalate the issue externally: File with the New Jersey Division on Civil Rights (NJDCR) File with the Equal Employment Opportunity Commission (EEOC)
Deadlines for Filing
- NJDCR: 180 days from the last incident.
- EEOC: 300 days if state and federal laws overlap.
These agencies may offer mediation or take legal action on your behalf.
7. Seeking Legal Help
When to Consult an Attorney
- You face retaliation after reporting harassment.
- Harassment continues despite complaints.
- Your employer ignores or dismisses your concerns.
At Swartz Swidler LLC, we offer free consultations—speak to an attorney today.
8. What Happens After Filing a Complaint?
After filing, here’s what to expect:
1️⃣ Investigation: The agency gathers evidence and interviews witnesses.
2️⃣ Resolution: Cases may be mediated or lead to legal action.
3️⃣ Potential Outcomes:
- Emotional distress compensation.
- Back pay or job reinstatement.
- Employer-mandated policy changes.
9. Protecting Yourself in the Workplace
Know Your Rights – Familiarize yourself with NJLAD protections.
Build a Support Network – Speak with trusted colleagues or mentors.
Stay Proactive – Address issues early to prevent escalation.
10. How Swartz Swidler LLC Can Help
Workplace harassment can feel overwhelming, but you don’t have to navigate it alone.
✔ Proven success in workplace harassment cases
✔ Expert knowledge of NJ labor laws
✔ Free consultations to evaluate your situation
Call us today for a confidential consultation!
Conclusion
No one should endure workplace harassment. By taking action, you can protect your rights and hold wrongdoers accountable.
If you need legal help, reach out to Swartz Swidler LLC today!
Call now or schedule a free consultation online.
