The New Jersey Law Against Discrimination (NJLAD) provides a wide range of protections for employees and job seekers. It prohibits employers from discriminating on the basis of factors like race, sex, religion, disability, and more. It also addresses retaliation against employees who report alleged discrimination or harassment, either within the company or to a government agency like the Equal Employment Opportunity Commission (EEOC). A lawsuit filed in a New Jersey court in the fall of 2021 alleges, in part, that the plaintiff’s employer unlawfully retaliated against her because she reported an incident of alleged sexual harassment. If you are facing retaliation for reporting harassment, please reach out to a New Jersey employment lawyer at your earliest convenience.
The NJLAD and other employment laws view sexual harassment as a type of sex discrimination. When one or more people in the workplace engage in harassment based on sex, such as by making bawdy jokes or inappropriate sexual comments, their conduct could violate the law. Harassment creates an unlawful hostile work environment, according to the EEOC, when it is “severe or pervasive enough…that a reasonable person would consider [it] intimidating, hostile, or abusive.” In order for an employer to be liable for sexual harassment, they must have been aware of the problem and failed to address it.
The EEOC notes that “petty slights, annoyances, and isolated incidents” might not “rise to the level of illegality.” A single incident can support a hostile work environment claim, but it must be quite severe. Many small incidents, on the other hand, can create a hostile work environment over time. Reporting concerns about workplace harassment is therefore very important and protected by the NJLAD.