Sexual Harassment in New Jersey

New Jersey Sexual Harassment Attorney

Sexual harassment is one of the most common and most personal forms of workplace discrimination. It can leave you feeling powerless, isolated, and unsure of who to trust. It affects employees across every industry and at every level, and it is unlawful under both New Jersey and federal law. You should not have to accept it as part of the job, and you do not have to face it alone. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey who have experienced sexual harassment with the seriousness, care, and discretion these cases demand.

What Is Sexual Harassment Under New Jersey Law?

Sexual harassment is a form of sex discrimination prohibited by the New Jersey Law Against Discrimination (NJLAD) and Title VII of the Civil Rights Act. It includes any unwelcome sexual conduct that affects the terms or conditions of employment or creates a hostile, intimidating, or offensive work environment.

Sexual harassment can be committed by a supervisor, manager, coworker, or third party such as a client or vendor. It can affect anyone regardless of gender — men can be harassed by women, and same-sex harassment is also actionable under the NJLAD.

The Two Types of Sexual Harassment

Quid Pro Quo Harassment

Quid pro quo harassment occurs when a person in a position of authority conditions employment benefits, such as a promotion, raise, favorable assignment, or continued employment, on an employee’s submission to sexual advances or demands. Even a single instance of quid pro quo harassment can give rise to a legal claim.

Hostile Work Environment Harassment

A hostile work environment based on sex exists when unwelcome sexual conduct is so severe or pervasive that a reasonable person would find the work environment intimidating, hostile, or offensive. Unlike quid pro quo harassment, a single isolated incident generally does not create a hostile work environment, though extremely severe conduct, such as a sexual assault, may be sufficient on its own.

Examples of Sexual Harassment in the Workplace

Sexual harassment can take many forms, including:

• Unwanted touching, groping, or physical contact of a sexual nature

• Requests or demands for sexual favors

• Sexually explicit or suggestive comments, jokes, or messages

• Displaying or sharing sexually explicit images, videos, or materials

• Persistent unwanted romantic advances or requests for dates after being told no

• Comments about a person’s body, appearance, or sexual history

• Sexual gestures or leering

• Retaliation for refusing sexual advances

What Evidence Do You Need to Prove Sexual Harassment in New Jersey?

Evidence in a sexual harassment case can take many forms. Courts look at the totality of the circumstances, and no single type of evidence is required. Useful evidence includes:

• Written communications such as emails, texts, or direct messages

• Notes documenting incidents with dates, times, locations, and witnesses

• Testimony from coworkers who witnessed the conduct or who experienced similar treatment

• Records of complaints made to HR or management

• Performance reviews or disciplinary actions taken after you rejected advances or made a complaint

• Records showing a pattern of similar behavior toward other employees

The strength of your case often depends on how well documented the harassment is. If you are still employed, start keeping detailed records now.

Employer Liability for Sexual Harassment

Under New Jersey law, an employer is strictly liable when a supervisor’s sexual harassment results in a tangible employment action, such as a firing, demotion, or denial of a promotion. When no tangible action occurred, the employer may raise an affirmative defense by showing it had an effective anti-harassment policy and that the employee unreasonably failed to use it. When the harasser is a coworker rather than a supervisor, the employer is liable if it knew or should have known about the harassment and failed to take prompt corrective action.

What Is the Statute of Limitations for Sexual Harassment in New Jersey?

Under the NJLAD, you generally have two years from the date of the harassing conduct to file a lawsuit. For federal claims under Title VII, you must file a charge with the EEOC within 300 days. Because sexual harassment often involves ongoing conduct over time, the statute of limitations analysis can be complex. Do not assume your claim is time-barred without speaking to an attorney.

Frequently Asked Questions

Does sexual harassment have to be sexual in nature to be actionable?

Not always. Harassment based on sex or gender, including derogatory comments about women in general or conduct motivated by gender bias, can constitute sex-based harassment under the NJLAD even if it is not explicitly sexual.

What if I did not report the harassment to HR?

You may still have a valid claim. While reporting internally is always advisable, failure to use an employer’s complaint process does not automatically bar your claim under the NJLAD, though it may affect the employer’s ability to assert certain defenses.

Can I be retaliated against for reporting sexual harassment?

Retaliation for reporting sexual harassment, including termination, demotion, schedule changes, or a hostile response from management, is itself illegal under both the NJLAD and federal law. If you were retaliated against after making a complaint, you may have both a harassment claim and a retaliation claim.

What if the harassment happened remotely, over email, text, or video calls?

Remote harassment is still actionable. Unwelcome sexual conduct does not have to occur in person to be unlawful.

Does it matter if I was an at-will employee?

No. At-will employment means your employer can generally terminate you without cause, but it does not give your employer the right to subject you to sexual harassment. All employees, regardless of their employment status, are protected under the NJLAD.