Best Sexual Harassment Lawyers in New Jersey

About Sexual Harassment Law in New Jersey, United States

Sexual harassment is a form of unlawful discrimination that occurs when someone is subjected to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive environment. In New Jersey, sexual harassment is strictly prohibited by both state and federal law. The state takes a strong stance against such conduct in the workplace, schools, and other public spaces, offering extensive protections for victims through its legal system.

New Jersey's laws aim to ensure that individuals have the right to work and live without being subjected to sexual harassment. Employers, educational institutions, and other organizations have clear obligations to prevent and address harassment, and victims have several paths to seek justice and compensation.

Why You May Need a Lawyer

If you have experienced sexual harassment, consulting a lawyer can be a crucial step in protecting your rights and pursuing justice. Here are some common situations where people may seek legal help:

• When harassment persists after reporting it to management or human resources.
• If you face retaliation, such as termination, demotion, or hostile treatment, after making a complaint.
• When the harasser is in a position of authority, making self-advocacy difficult.
• If you are unclear about your rights or the appropriate next steps under New Jersey law.
• When an employer or institution fails to adequately investigate or address a complaint.
• If you want to pursue a lawsuit to recover damages or change workplace practices.

A qualified attorney can guide you through the legal process, explain your rights, represent your interests in negotiations or court, and help you achieve the best possible outcome.

Local Laws Overview

New Jersey offers some of the nation’s strongest protections against sexual harassment, primarily through the New Jersey Law Against Discrimination (NJLAD). Here are key features of local laws relevant to sexual harassment:

• The NJLAD prohibits harassment based on sex, including sexual harassment, in employment, housing, schools, and places of public accommodation.
• Both “quid pro quo” and “hostile work environment” harassment are illegal.
• Employers of all sizes are covered by state law, not just large companies.
• The law forbids retaliation against anyone who reports or opposes sexual harassment.
• Victims can file complaints with the New Jersey Division on Civil Rights (DCR) or take legal action in state court.
• State law may provide broader protections and remedies than those available under federal law.
• There are time limits, known as statutes of limitations, for making complaints or filing lawsuits. For most workplace discrimination claims, this is generally two years under NJLAD, but it is shorter for administrative complaints.

Frequently Asked Questions

What is considered sexual harassment under New Jersey law?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment, creates a hostile or offensive environment, or leads to an adverse employment decision.

Is my employer responsible for stopping sexual harassment?

Yes, employers in New Jersey are legally obligated to prevent and address sexual harassment in the workplace. They must take prompt and effective action when they learn of harassment.

What should I do if I experience sexual harassment at work?

You should document the incidents, report the behavior to your employer or HR, and seek legal advice if the harassment persists or if your employer fails to respond appropriately.

Can I be fired for reporting sexual harassment?

No, it is illegal for an employer to retaliate against you for reporting sexual harassment or participating in an investigation.

What are my options if my employer does not take action?

You can file a complaint with the New Jersey Division on Civil Rights or file a lawsuit under the New Jersey Law Against Discrimination.

How long do I have to file a complaint or lawsuit?

In most cases, you have 180 days to file a complaint with the DCR or two years to file a lawsuit under NJLAD. However, deadlines may vary, so prompt action is important.

Is sexual harassment covered outside of the workplace?

Yes, New Jersey law also prohibits sexual harassment in housing, education, and places of public accommodation.

Can men be victims of sexual harassment in New Jersey?

Absolutely. Sexual harassment protections apply regardless of gender, and anyone can be a victim.

What damages or remedies can I seek?

Victims may be entitled to compensation for lost wages, emotional distress, punitive damages, legal fees, and in some cases, reinstatement of employment.

Do I need a lawyer to file a complaint?

You do not need a lawyer to file a complaint, but having legal representation can increase your chances of success and ensure your rights are protected throughout the process.

Additional Resources

If you need more information or support, the following organizations and agencies can provide assistance:

• New Jersey Division on Civil Rights (DCR) - investigates complaints of discrimination and harassment
• Equal Employment Opportunity Commission (EEOC) - handles federal workplace harassment claims
• New Jersey Coalition Against Sexual Assault - offers support and resources to survivors
• Local legal aid organizations - provide free or low cost legal help
• Human Resources departments - should have policies and reporting mechanisms
• Counseling services and hotlines for emotional support

Next Steps

If you believe you have experienced sexual harassment in New Jersey, consider taking these steps:

• Document all incidents of harassment, including dates, times, places, and witnesses.
• Report the harassment to your employer, supervisor, or HR department according to workplace policy.
• Contact the New Jersey Division on Civil Rights or the EEOC to understand your options for filing a formal complaint.
• Consult an experienced sexual harassment attorney to evaluate your case and guide you through your legal options.
• Access support services or counseling to address any emotional or psychological impact.

Taking timely and informed action can help protect your rights and improve your chances of a successful resolution.