Practice Areas
Sexual
Harassment
New Jersey law protects employees from sexual harassment in the workplace and provides strong remedies for victims. You have the right to work in an environment free from unwanted sexual conduct and discrimination.
Liability
Employers liable for harassment by supervisors and may be liable for co-worker harassment
Statute
2 years from last incident to file with EEOC/Division on Civil Rights
Fee
No fee unless we win — zero financial risk to pursue your claim
Damages
Lost wages, emotional distress, punitive damages, attorney fees
New Jersey's Law Against Discrimination provides some of the strongest workplace protections in the nation, with broader coverage than federal law and no caps on damages for emotional distress.
New Jersey's Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) prohibits sexual harassment in workplaces with one or more employees, making it broader than federal Title VII which only covers employers with 15+ employees. The law covers quid pro quo harassment (where job benefits are conditioned on sexual favors) and hostile work environment harassment (unwelcome sexual conduct that creates an intimidating or offensive workplace). Employers are strictly liable for harassment by supervisors and may be liable for co-worker harassment if they knew or should have known about it and failed to take corrective action.
Compensation in sexual harassment cases can include back pay and front pay for lost wages and career advancement, compensatory damages for emotional distress and mental anguish, punitive damages to punish particularly egregious conduct, and attorney's fees and costs. Unlike federal law, New Jersey places no caps on emotional distress damages, allowing full compensation for the psychological harm caused by harassment. Victims may also be entitled to reinstatement, promotion, or other equitable relief to restore their career trajectory.
The biggest challenge in harassment cases is often the lack of witnesses, as harassment frequently occurs in private settings. Employers and their attorneys will scrutinize the victim's work performance and personal life to deflect blame. It's crucial to document incidents immediately, report harassment through proper company channels when safe to do so, and preserve evidence like emails, texts, or voicemails. Retaliation for reporting harassment is also illegal, but victims should be prepared for potential workplace hostility and have legal protection in place before coming forward.
The Law
What you
need to know
01
Supervisor Demands Favors
A manager conditions job benefits, promotions, or continued employment on sexual favors. This is quid pro quo harassment and employers are strictly liable.
02
Hostile Work Environment
Persistent unwelcome sexual comments, jokes, touching, or displays that create an intimidating workplace atmosphere. Pattern of conduct matters more than single incidents.
03
Retaliation After Reporting
Employer demotes, fires, or otherwise punishes an employee for reporting sexual harassment. Retaliation is a separate violation with its own damages.
04
Co-worker Harassment
Sexual harassment by colleagues that the employer knew or should have known about but failed to address. Employer liability depends on their response to complaints.
05
Client or Customer Harassment
Sexual harassment by non-employees like clients or vendors. Employers must take reasonable steps to protect workers from third-party harassment.
06
Same-Sex Harassment
Sexual harassment between people of the same gender is equally prohibited. The harasser's sexual orientation is irrelevant to liability.
Cases we handle
Common scenarios
What to expect
How the
process works
Document and Report Internally
Keep detailed records of harassment incidents including dates, witnesses, and evidence. Report through company channels if safe to do so, following written policies. This creates a paper trail and may trigger the employer's duty to investigate.
File Administrative Complaint
File with the EEOC or New Jersey Division on Civil Rights within 2 years of the last incident. This is required before filing a lawsuit and starts the investigation process. We handle all paperwork and deadlines.
Investigation and Mediation
The agency investigates your complaint and may offer mediation. We participate in this process while building your case. Many cases resolve at this stage through negotiated settlements.
Right to Sue Letter
If the agency doesn't resolve your case, you receive a right to sue letter allowing you to file in court. We have 2 years from receiving this letter to file your lawsuit.
Litigation and Resolution
We file your lawsuit and engage in discovery to gather evidence. Most cases settle before trial, but we prepare every case for court to maximize your leverage and compensation.
Questions
Frequently
asked
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Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It can be quid pro quo (job benefits conditioned on sexual favors) or hostile work environment (conduct that creates an intimidating or offensive workplace). Even seemingly minor incidents can add up to harassment if they create a pattern.
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While not always required, reporting harassment internally is generally recommended because it creates documentation and may trigger the employer's duty to investigate. However, if you fear retaliation or the harasser is the owner/CEO, you may proceed directly to filing with the EEOC or Division on Civil Rights.
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You have 2 years from the last incident of harassment to file a complaint with the EEOC or New Jersey Division on Civil Rights. This deadline is strict, so it's important to act quickly. The sooner you file, the fresher the evidence and witnesses' memories will be.
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No. Retaliation for reporting sexual harassment is illegal under New Jersey law. If your employer fires, demotes, or otherwise punishes you for making a complaint, that's a separate legal violation with its own damages. We can seek reinstatement, back pay, and additional compensation for retaliation.
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You may be entitled to lost wages, future lost earnings, emotional distress damages, punitive damages, and attorney's fees. New Jersey has no caps on emotional distress damages, unlike federal law. The amount depends on factors like the severity of harassment, impact on your career, and emotional harm suffered.
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Nothing upfront. We work on a contingency fee basis, meaning we only get paid if we recover compensation for you. Additionally, if we win your case, New Jersey law often requires the employer to pay your attorney's fees. The consultation is free and there's no financial risk in calling us.
Free Consultation
WantJustice?
Tell us what happened. We'll give you an honest assessment - no pressure, no obligation, and no fee unless we recover for you. We're available by phone or at our offices, and we're happy to meet you wherever is most convenient.
Call Us Directly
(973) 401-0064