Dealing with a Hostile Work Environment In New Jersey

What to do if you are sexually harassed or subjected to a discriminatory treatment 

Having to endure a hostile work environment can be deeply distressing and may significantly affect your health and career. If you are dealing with a hostile work environment, such as one that involves sexual harassment, making sure you thoroughly understand your rights is essential to obtaining legal relief. For decades, Deutsch Atkins & Kleinfeldt, P.C. has helped NJ workers who are victims of unlawful discrimination win compensation for the harm they’ve suffered.

What constitutes sexual harassment?

Sexual harassment is a form of unlawful discrimination under both federal and New Jersey law. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made a condition of employment (known as quid pro quo). However, sexual harassment can also consist of behavior that creates a work environment that a reasonable person would consider intimidating, hostile or abusive. Examples are lewd comments, inappropriate touching, sharing explicit content or repeated and unwanted flirtation. Even nonsexual conduct can be considered harassment if gender-based and severe or pervasive enough to interfere with your ability to work.

Actions to take when a workplace becomes hostile

If you’re experiencing a hostile workplace, it’s important to document everything. Keep detailed records of incidents, including dates, locations, what was said or done and any available witnesses. Save emails, messages and other relevant documents.

You should also review your employer’s policies on harassment and discrimination. Most workplaces have guidelines on how to report inappropriate conduct. Following internal procedures can strengthen your legal case and might help resolve the matter without litigation.

Reporting harassment or discrimination

Businesses are required to have effective mechanisms for reporting violations of laws Report the harassment to your supervisor, your human resources representative or the person designated in your employee handbook for such purposes. Put your complaint in writing and keep a copy. Employers are obligated to investigate and address your complaint promptly. If your employer retaliates against you, that constitutes grounds for further legal action.

Filing a charge with the EEOC or New Jersey Division on Civil Rights

If internal efforts do not resolve the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). Both agencies investigate claims of workplace discrimination and harassment. Workers generally must file EEOC complaints within 300 days of the last incident. DCR complaints have a one-year filing deadline under the New Jersey Law Against Discrimination (NJLAD). Once a complaint is filed with one of those agencies, your employer may have an incentive to settle the case. If not, it may be possible to pursue litigation.

How a New Jersey employment lawyer can help

An employment litigation lawyer can thoroughly analyze your case and determine whether you have a viable claim of discrimination or harassment. Your employer can also:

• Assist with documenting evidence and filing complaints.
• Negotiate with your employer for remedies such as reinstatement and compensation.
• File a claim with the EEOC or DCR.
• File a lawsuit and represent you in court.
• Guide you through each step of the legal process.

Legal representation can be vital for ensuring your rights are upheld and for achieving a fair outcome. 

Contact our Hackensack employment attorneys to discuss your hostile work environment

The employment law attorneys at Deutsch Atkins & Kleinfeldt, P.C. champion the rights of New Jersey workers faced with discrimination and harassment through hostile work environments. Please call {PHONE} or contact us online to schedule a consultation.