Workplace harassment can lead to a threatening work environment in which harassment also threatens the well-being of employees and/or the sustainability of the organization. New Jersey has strong labor laws that protect employees from harassment while providing them with many paths forward. This article explains how to legally respond to workplace harassment in New Jersey with the help of Jersey attorney Charles Z. Schalk
Types of Harassment in the Workplace
Harassment is any unwanted behavior that discriminates against a person because of race, gender, religion, national origin, age, disability, and/or a particular characteristic or personality trait that is protected and generates a working environment that is destructive, threatening, hostile, or humiliating. There are several types of harassment, including but not limited to:
- Sarcastic Comments: Troubling remarks, jokes, or slurs.
- Physical Harassment: Unwanted touching or intimidation
- Graphic Harassment: Offensive posters, emails, or images.
- Sexual Harassment: Unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
What to do about workplace harassment
If you are being harassed at work in New Jersey, you need to follow these steps to preserve your rights and get your work problem resolved:
1. Document the Harassment
Document any and all harassment, and start keeping detailed records of things or an itinerary of when, where and what things happened. Take note of any witnesses who may have seen this harassment occur. Nothing will help you build a stronger case than documentation.
2. Review Company Policies
Learn about your company’s policies and procedures regarding anti-harassment. There are usually protocols in any organization for reporting and addressing harassment complaints. If you have an understanding of these policies, that can help you navigate the steps you need to take at the organization level.
3. Report The Harassment Internally
Inform your supervisor, HR, or any person designated in your organization to receive reports of harassment, according to the policy. Share the documentation that you have collected with them. Internal reporting is historically the first step before filing any legal action.
4. File a Complaint
If internal reporting does not create a solution to your problem, or you feel you would rather go outside your company with an accusation, you may file your complaint with the EEOC, or the DCR. These agencies can investigate harassment complaints and penalize employers that violate the law.
5. Consult an Employment Lawyer
Seek the help of an employment law attorney specializing in workplace harassment. An attorney will speak with you about your legal rights, provide you with legal advice, and will represent you if any legal proceedings are instituted against you.
Legal Actions and Remedies
Legal Options and Remedies for Workplace Harassment Victims in New Jersey:
- Going to Court: Finally, if reporting the problem and even an agency complaint does not rectify it, you can sue your employer. Successful litigation could lead to relief for damages including emotional distress, back pay, reinstatement, and punitive damages.
- Settlement: Several harassment cases are settled where the employer compensates the victim and takes remedial measures to prevent future occurrences of harassment.
- Injunctive Relief: Courts may require the employer to take certain actions to cease the harassment and prevent its recurrence.
Dealing with workplace harassment will depend on your rights and the options you can take on a legal level. In New Jersey, the NJLAD provides strong protections against harassment and many avenues for justice. You can take effective steps to address and resolve workplace harassment by documenting the harassment, submitting internal reports, filing complaints with appropriate agencies, and seeking advice from an employment lawyer. Do not suffer workplace harassment in silence and take action immediately. Your rights and well-being are vital, and the law is on your side to ensure a safe and respectful workplace.
