If you’re being sexually harassed at work, you may feel powerless, confused, or afraid to speak up. That’s not unusual. Many employees fear retaliation or worry they won’t be believed, especially if the harasser is in a position of power.
But New Jersey law offers strong protection for workers facing harassment. Knowing your rights and taking the right steps early can make all the difference. Here’s what you need to know.
What Is Sexual Harassment?
Sexual harassment is a form of unlawful discrimination under the New Jersey Law Against Discrimination (NJLAD). It generally falls into two categories:
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Quid pro quo harassment: When a supervisor offers job benefits (or threatens negative consequences) in exchange for sexual favors.
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Hostile work environment: When repeated unwelcome behavior, such as sexual comments, jokes, images, or touching makes your workplace intimidating or offensive.
Unlike federal law, New Jersey’s law applies to employers of any size, and it does not require a formal complaint to HR before taking legal action.
What Should You Do If You're Being Harassed?
If you are facing harassment, here are steps to consider:
1. Document Everything. Write down each incident, including the date, time, location, what was said or done, and who witnessed it. Save any text messages, emails, or photos that support your account. This documentation can be critical later.
2. Report the Harassment Internally. If it feels safe to do so, report the harassment to your supervisor, human resources, or someone in a position of authority. If your employer has a formal policy, follow it. Even though New Jersey law doesn’t require an internal complaint, making one may help establish that your employer was aware and failed to act.
3. Know That Retaliation Is Illegal. If your employer punishes you for reporting harassment, through demotion, reduced hours, unfair discipline, or termination, that may be considered unlawful retaliation. You have the right to report misconduct without fear of losing your job.
4. Contact an Employment Attorney. Speaking with a lawyer early can help you understand your rights, navigate your company’s internal processes, and protect yourself against retaliation.
You Don’t Have to Tolerate It
One offensive joke may not be illegal, but a pattern of unwanted behavior, especially when your complaints are ignored, can form the basis for a valid legal claim. In New Jersey, victims of sexual harassment may be entitled to compensation for lost wages, emotional distress, and even punitive damages.
If you believe you're experiencing sexual harassment in the workplace, you don’t have to navigate it alone. At Semeraro & Fahrney, we’ve helped employees across Northern New Jersey stand up to workplace harassment and retaliation. Our team understands how difficult these situations can be and is here to provide the guidance and support you need. Anyone with questions should contact Mark Semeraro, Scott Fahrney, or any other qualified Employment Law Attorney at Semeraro & Fahrney, LLC for a confidential consultation.
