Workplace harassment is a serious issue that can create a toxic work environment and impact an employee’s well-being and performance. In New Jersey, employees are protected by state and federal laws that prohibit harassment based on race, gender, age, religion, disability, and other protected characteristics. This post explores the steps employees can take to file a harassment complaint at work and their legal rights under New Jersey law.
What Constitutes Workplace Harassment?
In New Jersey, workplace harassment occurs when an individual is subjected to unwanted, discriminatory conduct that creates a hostile work environment or interferes with their ability to perform their job. Harassment can take many forms, including:
- Verbal harassment: Offensive jokes, insults, or slurs
- Physical harassment: Unwelcome touching or physical intimidation
- Visual harassment: Display of offensive images or materials
- Sexual harassment: Unwanted advances, inappropriate comments, or requests for sexual favors
The New Jersey Law Against Discrimination (NJLAD) provides broad protections for employees, prohibiting harassment based on race, gender, sexual orientation, religion, disability, national origin, and other protected characteristics.
Step 1: Document the Harassment
It is essential to document incidents of harassment to build a strong case. Keep detailed notes of:
- Dates, times, and locations of each incident
- Specific actions or words used by the harasser
- Witnesses who may have seen or heard the harassment
- Any communications (emails, texts, or messages) related to the incidents
Documentation can provide critical evidence if the issue escalates to a formal complaint or legal action.
Step 2: Review the Company’s Harassment Policy
Most employers have an anti-harassment policy outlining the steps employees should follow to report harassment. Review the employee handbook or policy manual to understand:
- Where and how to file a complaint
- Who to contact (e.g., HR department or a supervisor)
- Timelines for investigating the complaint
Following the company’s internal procedures is often the first step toward resolving the issue.
Step 3: Report the Harassment Internally
Employees should report the harassment as soon as possible to a supervisor, manager, or HR representative. Make the report in writing and keep a copy for your records. If the harasser is your supervisor, report the issue to another manager or the HR department to avoid conflicts of interest.
Employers are legally required to investigate harassment complaints and take corrective action if necessary. Retaliation against employees who file complaints is prohibited under New Jersey law.
Step 4: File a Complaint with the New Jersey Division on Civil Rights (DCR)
If the employer fails to address the harassment or retaliates against the employee, the next step is to file a complaint with the New Jersey Division on Civil Rights (DCR).
- Employees must file the complaint within 180 days of the last incident of harassment.
- The DCR investigates the complaint and may attempt to mediate a resolution between the parties.
- If mediation is unsuccessful, the DCR may pursue legal action on behalf of the employee.
Step 5: File a Federal Complaint with the EEOC
Alternatively, employees can file a complaint with the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces workplace discrimination laws. The EEOC process:
- Requires employees to file within 300 days of the harassment.
- May result in an investigation or a right-to-sue letter, allowing the employee to pursue legal action in court.
Step 6: Consider Legal Action
If the employer or state agencies do not resolve the issue, employees can file a lawsuit against the employer in state or federal court. Legal claims may include:
- Hostile work environment harassment
- Retaliation for filing a complaint
- Failure to prevent or address harassment
New Jersey law allows employees to seek compensation for lost wages, emotional distress, and attorney’s fees if the harassment claim is successful.
Employee Rights Under New Jersey Law
Employees in New Jersey have the right to:
- Work in an environment free from harassment and discrimination
- File a complaint without fear of retaliation
- Participate in investigations without penalty
- Seek compensation and justice through state and federal legal systems
Conclusion
Harassment in the workplace is a serious violation of employee rights, but New Jersey offers robust legal protections to prevent and address it. Employees facing harassment should take proactive steps by documenting incidents, following internal complaint procedures, and seeking help from the DCR or EEOC if necessary. With the proper support and legal action, employees can protect their rights and work in a respectful, safe environment.
