What is the New Jersey Law Against Discrimination?
Our sexual harassment lawyers explain the New Jersey law and how it affects your sexual harassment claim.
New Jersey has laws in place to protect you against sexual harassment at work. However, you need to know your rights and how to exercise them to obtain proper legal relief. Depending on the circumstances, you might be owed substantial compensation in a sexual harassment claim. Deutsch Atkins & Kleinfeldt, P.C. in Hackensack is one of the largest employment law firms in New Jersey. We represent clients like you who are seeking justice under New Jersey’s Law Against Discrimination (LAD) following incidents of sexual harassment in the workplace. Let us analyze your case and pursue the compensation you deserve.
Key elements of the New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination prohibits discrimination based on many types of personal characteristics. This includes bias based on one’s sex, gender or sexual orientation and means that sexual harassment is illegal. If you are a victim, you should know that you have the ability to hold the violators accountable.
If you’re considering initiating a sexual harassment action under the LAD, you should understand the following aspects of the law:
- Someone of any sex can be a harasser or a victim — The LAD prohibits sexual harassment as a form of gender-based discrimination. It applies to everyone equally. People of any gender, or those who don’t identify with any gender, can be victims or harassers. Likewise, unlawful harassment can occur between parties of the same or different sexes.
- There are two types of sexual harassment — Most sexual harassment claims fall into one of two categories. Quid pro quo sexual harassment occurs when someone in a superior position at work offers a benefit or makes a threat in order to coerce a worker to provide sexual favors. A hostile work environment claim can be brought when you are subjected to severe or pervasive offensive behavior based on your sex.
- Physical contact is not necessary to bring a claim — Sexual harassment can include verbal acts, such as demeaning comments or obscene language. Unwanted touching, the posting of explicit photos and exposure to pornographic video can also give rise to hostile work environment claim.
- Retaliation is unlawful — It is illegal for your employer to retaliate against you for raising an allegation of sexual harassment. If you have been punished at work for filing a complaint, reporting harassment to human resources or taking any other action designed to stop the mistreatment, we will advise you of potential legal remedies.
- Employers have a duty to stop sexual harassment — An employer must take appropriate action to stop the sexual harassment if they know about it or should be aware of it. Failure to act could result in significant compensation for the victim in a harassment lawsuit.
Whatever your specific sexual harassment claim entails, we will outline your rights under the law and press for an appropriate resolution.
Compensation in a New Jersey sexual harassment claim
You can file a claim under the LAD and seek monetary compensation from the parties responsible for your sexual harassment. This might include the direct perpetrator as well as your employer who allowed it to happen. You can also file a claim for retaliation when your employer punishes you for reporting or trying to stop sexual harassment. An employee who proves they were subject to sexual harassment could be entitled to recover their lost wages, compensation for physical harm and emotional distress, reimbursement of attorney fees and possibly even punitive damages in extreme cases. Our decades of experience handling these matters will give you an accurate perspective on the type of relief you might be entitled to.
Speak with a qualified sexual harassment attorney in NJ and NY
Deutsch Atkins & Kleinfeldt, P.C. in Hackensack represents employees in sexual harassment cases throughout New Jersey and New York. If you have a sexual harassment issue, contact us online or call us at 551-245-8894 for a consultation.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005. This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins brings…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in…
Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
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