New Jersey’s Law Against Discrimination (NJLAD) prohibits sexual harassment in the workplace. You are protected whether you are a full- or part-time employee, an intern or a volunteer. Yet, workers across the state are still subjected to harassment, whether through direct action or through tolerance of a hostile workplace. If you believe you are a victim of harassment, there are certain steps you can take to protect yourself and to help build a case for legal relief.
Sexual harassment is unwelcome, offensive, non-consensual conduct that can alter the terms and conditions of employment. There are two types of sexual harassment:
Examples of sexual harassment at work include the following:
If you feel you are being harassed at work and are ready to do something about it, start by telling the harasser that you find their behavior offensive and tell them to stop. You can do this face to face, but sending a letter or email is preferable because it establishes a record of the communication.
If the unwanted conduct doesn’t stop, you should follow your company’s sexual harassment policy and procedure for reporting the problem. If you are being harassed by the person you would ordinarily complain to (like your immediate manager), you can file a complaint with that person’s supervisor or with HR. Keep documentation of the responses you receive.
Following your company’s policy is critical. Courts have ruled repeatedly that employees need to make their employers aware of sexual harassment through a formal complaint and to give them time to take corrective action. Failing to follow the policy can undermine other legal actions you may eventually want to take. If you decide to sue for sexual harassment, you’ll need to prove that you followed procedures.
You can also help yourself by gathering evidence. Save offensive emails and text messages. Make a diary to document instances of harassment. New Jersey law also allows you to record audio or video of conversation or conduct even if the person being recorded is unaware.
You do not have to navigate the laws of workplace sexual harassment on your own. The attorneys of Deutsch Atkins & Kleinfeldt, P.C. help employees take the right steps to protect themselves. We represent employees in New Jersey and New York. Schedule a confidential consultation with one of our sexual harassment lawyers by calling 551-245-8894 or contact us online.