What to Do When Your Employer Fails to Address Sexual Harassment

Article at a Glance:

• New Jersey’s Law Against Discrimination provides comprehensive protection against workplace sexual harassment, covering all employers with one or more employees
• Employers must take reasonable steps to prevent and address harassment, including establishing clear reporting procedures and conducting thorough investigations
• Documentation is critical – maintain detailed records of incidents, formal complaints, employer responses, witness information, and any retaliatory actions
• Multiple reporting channels exist, including internal procedures, the NJ Division on Civil Rights, and the EEOC, with legal protections extending to both in-person and remote work environments
• Support resources are available through various organizations, including legal assistance, counseling services, and advocacy groups

This guide helps New Jersey workers understand their rights, recognize harassment, take appropriate action, and access support resources when facing workplace sexual harassment. Whether dealing with in-person or virtual harassment, knowing your legal protections and options is essential for pursuing resolution.

No one should endure sexual harassment at work. This guide helps New Jersey workers understand their rights and options when facing workplace sexual harassment that their employer hasn’t properly addressed. If your situation requires legal intervention, consulting with an experienced sexual harassment lawyer in New Jersey can help protect your rights and pursue appropriate remedies.

Your Legal Protections in New Jersey

The New Jersey Law Against Discrimination (NJLAD) provides robust protections against workplace sexual harassment, applying to all employers in New Jersey with one or more employees. The law covers two main types of harassment:

• Quid pro quo harassment: When job benefits are tied to sexual demands
• Hostile work environment harassment: When unwelcome sexual conduct creates an intimidating or offensive workplac

New Jersey employers must take reasonable steps to prevent and address sexual harassment, including establishing clear reporting procedures, conducting thorough investigations, taking appropriate corrective action, and protecting employees from retaliation. When employers fail to meet these obligations, they may be legally liable for the harassment and resulting harm. A qualified sexual harassment attorney in New Jersey can help evaluate your case and explain your options.

Recognizing and Responding to Workplace Harassment

When Your Employer’s Response Falls Short

Your employer’s handling of sexual harassment may be inadequate if they:

• Dismiss or minimize your complaints
• Fail to investigate properly
• Take no action against the harasser
• Allow the harassment to continue
• Retaliate against you for reporting
• Pressure you to withdraw your complaint

Taking Action: A Step-by-Step Approach

1. First Steps: Start by following your employer’s internal complaint procedures. Submit your complaint in writing and maintain copies of all communications. Give your employer a reasonable opportunity to address the situation through their established procedures. If they fail to take appropriate action, consider consulting a sexual harassment lawyer in New Jersey to understand your legal options.

2. Documentation: Create a detailed record of your experience, including:

• Specific incidents with dates, times, and locations
• Names of witnesses present
• Your formal complaints and the employer’s responses
• Any retaliation after reporting
• Medical visits related to stress or anxiety
• Performance reviews before and after reporting

Store all documentation securely outside your workplace, either at home or in protected cloud storage.

Safeguarding Your Health and Safety

Workplace harassment can significantly impact your physical and emotional well-being. Taking care of yourself during this challenging time is crucial.

Consider seeking mental health support from professionals who understand workplace trauma. Your employer’s Employee Assistance Program, if available, can be a valuable resource. Mental health treatment can provide essential support while also documenting the harassment’s impact – records that may prove valuable if you pursue legal action.

Take practical steps to ensure your safety at work:

• Keep your work area within view of others or security cameras
• Avoid being alone with the harasser
• Document any concerning interactions
• Maintain awareness of building security locations
• Consider using a buddy system when moving through isolated areas

Understanding and Identifying Retaliation

New Jersey law strictly prohibits retaliation against employees who report sexual harassment. Protected activities include filing complaints, participating in investigations, and supporting others’ harassment claims.

Watch for these signs of retaliation:

• Sudden negative performance reviews
• Reduction in hours or responsibilities
• Exclusion from meetings or projects
• Hostile treatment from management
• Transfer to less desirable positions
• Increased scrutiny of your work

Legal Options and Resources in New Jersey

External Reporting Channels

When internal processes fail, several reporting options exist:

The New Jersey Division on Civil Rights (DCR) serves as the state agency responsible for enforcing the NJLAD. They provide free investigation services and can order employers to take corrective action.

The Equal Employment Opportunity Commission (EEOC) offers additional protection through federal law enforcement, working in partnership with the NJ DCR. Many victims choose to work with a sexual harassment law firm in New Jersey to navigate these complex processes effectively.

Understanding the Legal Process

Two main paths exist for pursuing legal action in New Jersey:

Administrative Complaints: This process involves filing with the NJ Division on Civil Rights. While you don’t need an attorney, having one can be helpful. The process typically offers:

• Lower costs than litigation
• Shorter resolution time
• Basic investigation rights

Civil Litigation: Filing in New Jersey state or federal courts offers:

• More extensive discovery rights
• Higher potential damages
• Jury trial option
• Fuller procedural protections

Important Deadlines and Requirements

Deadlines for filing complaints and lawsuits can vary significantly based on your specific situation and the type of claim. Many factors can affect these deadlines, including:

• The nature of the harassment
• When it occurred
• Whether it’s ongoing
• Your employer’s response
• Any retaliatory actions

Don’t delay in seeking legal advice, as waiting too long could affect your ability to pursue certain claims. A qualified sexual harassment lawyer in New Jersey can evaluate your specific circumstances and advise you on applicable deadlines.

Building Your Support System

Develop a network of support both professionally and personally:

Professional Connections:

• Trusted colleagues who can document incidents
• Industry contacts for potential job transitions
• Professional associations for guidance
• Career counselors for planning options
• Union representatives if applicable

Personal Support:

• Mental health professionals
• Trusted family and friends
• Support groups
• Community leaders

Moving Forward: Professional Development and Career Planning

While addressing harassment, continue focusing on your professional growth:

• Keep your resume current
• Maintain industry certifications
• Build professional networks
• Document achievements
• Plan career advancement strategies

Consider whether staying with your current employer or seeking new opportunities better serves your long-term goals. Research potential employers and explore different work environments that prioritize respectful workplace cultures.

Remote Work Harassment

Sexual harassment protection extends fully to remote work environments. Harassment in virtual settings can occur through:

• Online meetings
• Work messaging platforms
• Email communications
• Phone calls
• Social media
• Text messages
• Virtual collaboration tools

Document all harassment incidents thoroughly, whether they occur in person or virtually. The same legal protections apply in remote work environments as in traditional workplaces. Your employer has the same obligation to prevent and address harassment in virtual settings.

Final Guidance

Remember that you’re not alone in facing workplace sexual harassment. New Jersey provides strong legal protections that apply to virtually all workplaces, from small businesses to large corporations. An experienced sexual harassment attorney in New Jersey can help ensure your rights are protected throughout the process.

Key takeaways:

• Act promptly to protect your legal rights
• Document everything thoroughly
• Prioritize your safety and well-being
• Build a strong support network
• Know that help is available through multiple organizations
• Understand that legal protections apply equally to in-person and remote work

Take care of your well-being while pursuing resolution, and don’t hesitate to seek professional help – both legal and emotional – when needed. With proper support and guidance, you can navigate this challenging situation and work toward a positive resolution.

Legal Process FAQs

“What evidence strengthens a harassment case?” Strong cases typically include:

• Written records of incidents
• Witness statements
• Copies of formal complaints
• Email or message records
• Medical documentation showing impact
• Performance reviews
• Records of employer responses
• Documentation of virtual harassment in remote work settings

“Can my employer fire me for reporting harassment?” While New Jersey law prohibits retaliation for reporting harassment, some employers may try to disguise retaliatory actions as legitimate business decisions. Document all workplace changes after reporting to protect yourself.

“What compensation is available under New Jersey law?” The NJLAD allows recovery of:

• Lost wages and benefits
• Emotional distress damages
• Attorney fees and costs
• Punitive damages in serious cases
• Reinstatement to position
• Workplace policy changes

Important Considerations

Mental Health Support and Your Case

Mental health treatment serves two important purposes:

• It helps you manage the stress and emotional impact of harassment
• It provides documented evidence of the harassment’s effects, which can support claims for emotional distress damages

Documentation Best Practices

Keep detailed records of:

• All harassment incidents, whether in-person or virtual
• Your reporting efforts and the employer’s response
• Any changes in your work conditions
• Medical and mental health treatment
• Witness information
• Supportive documents like emails, messages, or photos

Take Action to Protect Your Rights Today

No one should have to endure workplace sexual harassment. At Zatuchni & Associates, we specialize in helping employees in New Jersey stand up for their rights with compassion, expertise, and confidentiality. Whether your situation involves a hostile work environment, retaliation, or inadequate employer response, our experienced sexual harassment attorneys can help you navigate your options and build a strong case.

With a proven track record in employment law, we serve clients throughout Hackensack, Newark, Morristown, Jersey City, and other cities across New Jersey. Let us provide the guidance and support you need to seek justice and safeguard your future. Contact us today to schedule a confidential consultation and take the first step toward resolving your case. Stay informed and empowered—follow us on Facebook for more insights and updates.

Don’t wait. Protect your rights, prioritize your well-being, and move forward with confidence. We’re here to help.