Introduction: You Don’t Have to Endure Harassment in Silence
If you’re reading this, chances are something doesn’t feel right at work—and that feeling is valid. Maybe it’s an offhand comment that crossed the line. Or repeated behaviors that make you feel unsafe, disrespected, or targeted. Experiencing workplace harassment is more than uncomfortable; it can erode your confidence, affect your mental health, and threaten your job security.
But here’s the good news: you have rights, and you don’t have to navigate this alone. In this guide, we’ll walk you through how to report workplace harassment in New Jersey, step by step. Whether you’re unsure what qualifies as harassment or need help filing a formal complaint, this article provides clarity, legal resources, and practical advice—backed by the trusted experience of Swartz Swidler, a leading employment law firm in NJ.
What Qualifies as Workplace Harassment in NJ?
Understanding the Legal Definition
In New Jersey, workplace harassment is defined as unwelcome conduct based on a protected characteristic that either creates a hostile work environment or leads to negative employment decisions (like firing or demotion).
Protected characteristics under the New Jersey Law Against Discrimination (NJLAD) include:
- Race or ethnicity
- Gender and gender identity
- Sexual orientation
- Religion
- Disability
- Age
- Pregnancy
- National origin
Two Common Types of Harassment:
- Hostile Work Environment:
Occurs when offensive behavior, comments, or actions make the workplace intimidating, hostile, or abusive. - Quid Pro Quo Harassment:
When job benefits (like promotions or raises) are conditioned on submitting to unwelcome sexual advances or other inappropriate behavior.
An infographic breaking down the two types of harassment with real-life scenarios to illustrate each
Immediate Steps to Take if You’re Being Harassed
1. Document Everything
Start a personal log of every incident:
- Date and time
- What was said or done
- Who was involved or present
- How it affected you
Pro Tip: Save emails, texts, or chat logs. Screenshots are your friend.
2. Review Your Company’s Harassment Policy
Most employers have internal reporting procedures outlined in employee handbooks. These often include:
- Who to report to (HR, supervisor, hotline)
- What the process entails
- Anti-retaliation policies
3. Consider Internal Reporting
While not legally required, reporting harassment internally first can demonstrate that you gave the employer a chance to correct the issue.
When You Might Skip HR:
- The harasser is HR or management
- You fear retaliation despite anti-retaliation policies
- You’ve seen others ignored or punished for speaking up
A checklist graphic titled “Your Harassment Response Toolkit”
How to File a Formal Workplace Harassment Complaint in NJ
If internal reporting doesn’t resolve the issue—or if you’re not comfortable going through your employer—there are official legal channels available.
Filing with the NJ Division on Civil Rights (DCR)
- Where to file: Online at https://bias.njcivilrights.gov
- Deadline: Within 180 days of the last incident
- What happens next: The DCR will investigate and may offer mediation or legal remedies.
Filing with the Equal Employment Opportunity Commission (EEOC)
- Where to file: https://www.eeoc.gov
- Deadline: Within 300 days for NJ cases (thanks to NJLAD’s extended timeline)
- Next steps: The EEOC may investigate, offer mediation, or issue a “right to sue” letter.
Dual Filing
You don’t have to choose between the two—filing with one often covers the other. An attorney can guide you through the most strategic route.
A flowchart comparing DCR vs. EEOC: steps, deadlines, pros/cons
Legal Protections & What Happens After Reporting
Protection Against Retaliation
Under NJLAD and federal law, your employer cannot retaliate against you for reporting harassment. This includes:
- Firing
- Demotion
- Reduced hours or pay
- Hostile treatment
Investigation Outcomes
Once your complaint is filed:
- Investigators may interview witnesses and review evidence.
- You may be offered mediation or a formal hearing.
- If unresolved, you may file a lawsuit.
How Swartz Swidler Can Help
At Swartz Swidler, we’ve represented hundreds of New Jersey employees in harassment cases—from subtle patterns to extreme misconduct. We handle everything from paperwork to litigation and advocate fiercely on your behalf.
“Nobody should have to choose between their paycheck and their dignity. Our mission is to make workplaces safer by holding employers accountable.”
— Richard Swartz, Esq., Partner at Swartz Swidler
Common Questions About Reporting Harassment in NJ
Do I Need Proof to Report?
No. A complaint can be filed based on your own testimony. However, documentation strengthens your case.
Can I Remain Anonymous?
You can ask to remain anonymous in internal reports, but government agencies typically require your identity.
What If HR Ignores My Report?
You can bypass internal channels and go straight to the DCR or EEOC—or consult with a lawyer.
What Compensation Could I Receive?
- Lost wages
- Emotional distress damages
- Punitive damages (in severe cases)
- Legal fees
Additional Legal Resources for NJ Workers
- NJ Division on Civil Rights (DCR):
https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home - Equal Employment Opportunity Commission (EEOC):
https://www.eeoc.gov - New Jersey State Bar Association (Lawyer Referral Service):
https://tcms.njsba.com/personifyebusiness/ReferralService.aspx - Contact Swartz Swidler:
Get personalized guidance from attorneys who specialize in New Jersey workplace harassment law.
Conclusion: You Deserve a Safe Workplace
No one should suffer in silence. If you’re dealing with workplace harassment, you have legal rights—and real options. Whether you’re ready to file a complaint or just need answers, the team at Swartz Swidler is here to help you take back control with compassion and confidentiality.
📞 Call Swartz Swidler now at (856) 685-7420 or schedule a free consultation to discuss your case with a dedicated NJ employment attorney.
