Sexual Harassment Claims

Winning Justice for Victims of Workplace Sexual Harassment in New Jersey

Sexual harassment is illegal at work and employees have the right to earn a living without fear of sexual harassment by a boss, manager, supervisor, or co-worker. Unfortunately, employees, especially women, continue to suffer from sex-based hostile work environments in New Jersey and many employees do not seek legal help or even report the sexual harassment. At Schroll Law, LLC, I have extensive experience representing employees and litigating sexual harassment claims and will fight to protect your rights.

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What Is Sexual Harassment At Work?

Sexual harassment is unwanted sexual conduct directed at an employee and may include inappropriate sexual comments, sexual touching, hugging, kissing, physical greetings and goodbyes, lewd or sexual jokes, comments about clothing and attire, workplace rumors, unwanted gifts, flashing or exposing oneself, obscene or indecent gestures, sexual advances, sexually vulgar language, telling sexual stories or fantasies, staring or leering, displaying sexual objects or pictures, sexual text messages or “sexting,” sexual photos, taking pictures, requesting sex or sexual favors or quid pro quo, and other forms of behavior that is sexual in nature.

Is Sexual Harassment Against The Law In New Jersey?

Yes. The New Jersey Law Against Discrimination (LAD) prohibits severe or pervasive sexual harassment at work because it creates an unlawful hostile work environment. See N.J.S.A. 10:5-12(a). If severe enough, a single incident of sexual harassment may be unlawful. A pervasive pattern of sexual harassment is also illegal. No employee should have to experience sexual harassment at work, and if you have been sexually harassed at work in New Jersey, you should contact a sexual harassment lawyer to discuss your legal options.

The LAD is perhaps the broadest statute in the country to fight harassment, discrimination, and retaliation at work. “The LAD is remedial social legislation whose overarching goal is to eradicate the “cancer of discrimination.” Nini v. Mercer County Cmty. College, 202 N.J. 98 (2010). In the seminal case Lehmann v. Toys ‘R’ Us, 132 N.J. 587, 626 A.2d 445 (1993), the New Jersey Supreme Court held that an employee states a cause of action for hostile work environment sexual harassment when he or she alleges discriminatory conduct that a reasonable person of the same sex in the plaintiff’s position would consider sufficiently severe or pervasive to alter the conditions of employment and to create an intimidating, hostile, or offensive working environment. Lehmann also established that an employer is liable for creating a hostile work environment if the sexual harassment is carried out by a supervisor. See also Leonard v. Metro. Life Ins. Co., 318 N.J. Super. 337, 723 A.2d 1007 (Super. Ct. App. Div. 1999); Woods-Pirozzi v. Nabisco Foods, 290 N.J. Super. 252, 675 A.2d 684 (Super. Ct. App. Div. 1996); Cutler v. Dorn, 196 N.J. 419, 955 A.2d 917 (2008).

Although sexual harassment at work often involves a series or pattern of conduct, comments, and behavior, “a single incident of harassment if it is sufficiently severe such that a reasonable woman would consider the work environment hostile or abusive.” Velez v. City of Jersey City, 358 N.J. Super. 224, 817 A.2d 409 (Super. Ct. App. Div. 2003), citing Taylor v. Metzger, 152 N.J. 490, 498-99, 706 A.2d 685 (1998); Lehmann, supra, 132 N.J. at 606-07, 626 A.2d 445. This is especially true if the harasser is the employee’s supervisor, which “greatly magnifies the gravity of the comment.” See Taylor v. Metzger, 152 N.J. 490, 706 A.2d 685 (1998). “The severe or pervasive standard is disjunctive. See Lehmann at 606. The severity or seriousness required varies inversely with the pervasiveness. See Lehmann at 607. One particularly severe comment could be enough to meet the standard.” Ivan v. Cty. of Middlesex, 595 F. Supp. 2d 425 (D.N.J. 2009).

In Rios v. Meda Pharm., Inc., 247 N.J. 1, 252 A.3d 982 (2021), the New Jersey Supreme Court held that two demeaning slurs is “sufficiently severe or pervasive to create a hostile work environment in violation of the LAD.”

Even if some of the harassment is not overtly sexual in nature, it may contribute to a sexually hostile work environment if combined with obviously sex-based conduct. See Smith v. Exxon Mobil Corp., 374 F. Supp. 2d 406 (D.N.J. 2005); see also Cardenas v. Massey, 269 F.3d 251 (3d Cir. 2001); Caver v. City of Trenton, 420 F.3d 243 (3d Cir. 2005). Again, if the sexual harassment comes from a supervisor it “immeasurably increasing its severity.” Flizack v. Good News Home for Women, Inc., 346 N.J. Super. 150, 787 A.2d 228 (Super. Ct. App. Div. 2001).

Can You Sue Your Employer For Sexual Harassment In New Jersey?

Yes. Employers in New Jersey are required to maintain a workplace free of sexual harassment. If your employer fails to prevent or remedy sexual harassment at work, you may be entitled to file a lawsuit against your employer in New Jersey. If the sexual harasser is a supervisor or manager of the company, you may be able to hold them individually responsible for their conduct in addition to the employer.

What Should You Do If You Are Sexually Harassed At Work?

Employees who experience sexual harassment are often scared to do something about it or simply put up with it without holding the harasser or the employer accountable. However, if you are the victim of sexual harassment at work, it is important to stand up for your rights and protect yourself. Helpful steps to take are:

Tell the harasser that the sexually harassing conduct is unwanted.

Document sexually harassing and offensive comments and conduct.

Report the sexual harassment to your employer utilizing the company’s policy. It is illegal for your employer to retaliate against you for reporting sexual harassment at work or pursuing a claim for a hostile work environment due to sexual harassment.

Contact a sexual harassment attorney to discuss your rights and potential legal remedies.

If you are experiencing sexual harassment at work in New Jersey, do not hesitate to contact an experienced employment attorney. At Schroll Law, LLC, I help clients throughout New Jersey with their sexual harassment claims under the New Jersey Law Against Discrimination (LAD).