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What is Sexual Harassment Under New Jersey Law?

Sexual harassment is harassment based on a person's gender or sexual orientation, and it occurs when an employee is subjected to unwelcome conduct of a sexual nature at work. It is prohibited under both the New Jersey Law Against Discrimination (NJLAD) and Title VII of the Civil Rights Act, and it applies regardless of the genders of the people involved. In New Jersey, a claim can arise from harassment of women by men, men by women, men by men, and women by women.

There are two forms of illegal sexual harassment. Quid pro quo sexual harassment occurs when a supervisor demands, requests, or implies that an employee must engage in sexual activity to receive an employment benefit or avoid an adverse action. Hostile work environment sexual harassment occurs when an employee is subjected to conduct that is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. Both are treated seriously under New Jersey law, and an employer is subject to strict liability in quid pro quo cases.

The standard for what constitutes sexual harassment is not static. As the New Jersey Supreme Court has recognized, conduct considered normal and non-discriminatory in the past may well be considered discriminatory today. Whether conduct crosses the legal line depends on how a reasonable person in the same situation would experience it.

New Jersey Law Against Discrimination (NJLAD)

Prohibits sexual harassment by all New Jersey employers regardless of size. Employers have an affirmative obligation to protect employees from all forms of workplace harassment and can be held liable for harassment by supervisors, coworkers, or clients if they knew or should have known about it.

Title VII of the Civil Rights Act of 1964

Prohibits sexual harassment as a form of sex discrimination. Applies to employers with 15 or more employees.

Signs You May Have a Sexual Harassment Claim

Scenario 01

A supervisor conditioned a promotion, raise, or continued employment on sexual favors

Scenario 02

You were subjected to unwanted touching, sexual comments, or explicit material in the workplace

Scenario 03

You reported sexual harassment and were ignored, dismissed, or punished for coming forward

Scenario 04

The sexual conduct was so frequent or severe that it changed what it felt like to come to work

Scenario 05

A client or coworker subjected you to ongoing sexual conduct that management failed to address

Scenario 06

You were demoted, transferred, or fired after rejecting unwanted sexual advances

If any of these sound familiar, you may have a legal claim, even if you're not certain it qualifies. That is exactly what a case evaluation is for.
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What You Need to Prove in a Sexual Harassment Case

The elements you need to establish depend on the type of claim, but you don't need to have this all figured out before you call:

report

For quid pro quo sexual harassment:

A supervisor demanded, requested, or implied that you engage in sexual conduct as a condition of receiving an employment benefit or avoiding an adverse action, and you suffered a tangible employment consequence as a result.

report

For hostile work environment sexual harassment:

You were subjected to unwelcome conduct of a sexual nature, the conduct was based on your gender or sexual orientation, and it was severe or pervasive enough that a reasonable person in your position would find it hostile or abusive.

report

In both cases:

Your employer either directly caused the harassment through a supervisor, or knew or should have known about the conduct by a coworker or third party and failed to take reasonable steps to stop it.

How Sexual Harassment Cases Work in New Jersey

Coming forward about sexual harassment takes courage. Here is what the process looks like from the first conversation forward.

1
Case Evaluation

An attorney reviews the facts of your situation and tells you whether you have a viable sexual harassment claim, what it might be worth, and what your options are.

No commitment required
2
Investigation

The client provides all of their evidence — communications, records of complaints and how they were handled, witness statements, and documentation of the conduct and any resulting adverse actions. In sexual harassment cases, what the employer knew and how it responded is often central to the case.

3
Filing

Sexual harassment claims under the NJLAD A complaint may be filed in state or federal court or with the EEOC.

4
Negotiation or Trial

Mark & Kleinfeldt negotiates from a position of strength, prepared and willing to go to trial when the situation calls for it. That posture changes what employers offer at the negotiating table.

5
Resolution

Successful sexual harassment claims can result in back pay and lost wages, compensatory damages for emotional distress, reinstatement, attorney's fees and costs, and in cases of intentional conduct, punitive damages.

Results We've Secured in Sexual Harassment Cases

The firm has recovered significant results for New Jersey employees subjected to sexual harassment in the workplace.

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$1.1M

Sexual Harassment

A New Jersey employee subjected to ongoing sexual harassment in the workplace.

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Related Claims to Consider

Sexual harassment often overlaps with other employment claims. If any of the following also describe your situation, you may have more than one claim worth pursuing.

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Workplace Discrimination

Sexual harassment is a form of sex discrimination under the NJLAD. If the conduct you experienced was tied to your gender, you may have a discrimination claim alongside your harassment claim.

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Wrongful Termination

If you were fired after reporting sexual harassment, or if the harassment made your working conditions so intolerable that you felt compelled to resign, you may also have a wrongful termination or constructive discharge claim.

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Frequently Asked Questions

More FAQs

No. Physical conduct can constitute sexual harassment, but it is not required. Verbal conduct — repeated sexual comments, lewd jokes, requests for sexual favors, or offensive remarks about gender — can be enough to support a claim if the conduct is severe or pervasive enough that a reasonable person would find it hostile or abusive.

Yes. The NJLAD protects both men and women and prohibits both same-sex and opposite-sex harassment. Sexual harassment claims can arise from harassment of women by men, men by women, men by men, and women by women.

Your employer can still be liable. If your employer knew or should have known about the harassment by a coworker and failed to take reasonable steps to address it, the company may be held responsible. Reporting the harassment through your employer's complaint process — and keeping a record of that report — is important for both your safety and your legal case.

Yes, and an employer's failure to respond appropriately after you reported harassment may itself strengthen your claim. Employers have an affirmative obligation under New Jersey law to investigate and address harassment complaints. A company that ignores a complaint or retaliates against you for making one may face additional liability.

Sexual harassment claims are time-sensitive. The deadline depends on which law you pursue and where you file.

Ready to Find Out If You Have a Sexual Harassment Case?

You've learned what sexual harassment covers in New Jersey and what you would need to show. The next step is a conversation with a Certified Civil Trial Attorney who can tell you specifically whether what happened to you is legally actionable.