What to Do If Your Boss Is Sexually Harassing You

Pursuing a sexual harassment claim in New Jersey

In spite of laws prohibiting sexual harassment in the workplace, some company supervisors still subject their subordinates to this offensive and illegal misconduct. At Deutsch, Atkins & Kleinfeldt, P.C. in Hackensack helps victims of sexual harassment in New Jersey put a stop to it and win just compensation for the harm they’ve suffered.

How sexual harassment by a supervisor Is defined under New Jersey law

There are two types of sexual harassment in the workplace:

• Quid pro quo harassment — This involves offering the victim a favorable condition of employment, such as a promotion, pay raise or better work assignment, in return for sexual favors. It might also involve threatening the victim with firing, suspension, demotion or other unfavorable work conditions if the victim refuses.
• Hostile work environment — This occurs when the victim is subjected to unwanted conduct that is gender-based and that is severe or pervasive enough that a reasonable person of the same gender would find the environment intolerable. This conduct may include touching, sexual comments, sexually suggestive visual materials or social exclusion tied to gender.

The New Jersey Law Against Discrimination (LAD) prohibits sexual harassment by employers or supervisors, regardless of the genders of the victims and victimizers.

Immediate steps to take after sexual harassment occurs

If your employer has a recognized procedure for making complaints about harassment, you should follow it. Otherwise, you should inform your human resources director or legal compliance officer, or a senior executive. You should preserve any evidence of sexual harassment before it’s altered or deleted. In addition, you should consult with an experienced attorney for advice.

Documenting harassment and preserving evidence

You can help your case by keeping a detailed journal or other record of each incident of harassment, the date and time it occurred or you noticed it, the identity of witnesses and any communications you had about it. In addition to any other evidence, you should save relevant emails, texts, voicemails and other workplace messages that relate to the harassment.

Protection from retaliation in Bergen County workplaces

The LAD prohibits your employer or supervisor from retaliating against you for complaining of sexual harassment or for participating in an investigation of sexual harassment. Retaliation might take the form of termination, demotion, reduced hours, worse assignments, intimidation or other adverse actions. 

Legal options for sexual harassment victims in Bergen County

Victims of sexual discrimination may file an administrative claim with the New Jersey Division on Civil Rights within 180 days of the alleged sexual harassment or may file a lawsuit in New Jersey Superior Court within two years. If you were terminated, the DCR has the power to order your reinstatement with back pay and interest. If you prevail in your claim, you may be entitled to compensation for lost income, emotional distress, reputational harm and other damages, as well as attorneys’ fees and costs. An experienced NJ sexual harassment lawyer can help you decide which path to take and can represent you throughout the legal process.

Contact a dedicated New Jersey sexual harassment lawyer

The attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, New Jersey help sexual harassment victims get the justice they deserve. To schedule a consultation, call 551-245-8894 or contact us online.