Harassment in the Workplace: Know Your Rights

Have you had unwelcome conduct directed at you, like teasing, bullying, or inappropriate advances? That’s workplace harassment.

Harassment in the workplace is unfortunately, an ongoing problem in our state and across the United States. It’s important to understand your employee rights in New Jersey if you are harassed, including the right to consult with an attorney.

Types of Workplace Harassment

There are many kinds of workplace harassment, and some of them overlap. They include:

• Sexual harassment
• Hostile work environment
• Verbal and physical harassment
• Retaliation and discrimination

You may be insulted because of your weight or height. Or perhaps a coworker or manager intimidates you with physical threats or intimidation based on your religion. Other common sources of harassment include:

• Sex, gender, or orientation
• Pregnancy
• Race or skin color
• Age
• Disability

But harassment doesn’t necessarily have to be based on one of your characteristics or your appearance. Sometimes management targets someone who is simply shy or seems hesitant to speak up about bullying.

Signs and Examples of Workplace Harassment

It can be hard to recognize workplace harassment sometimes. While it may be pervasive throughout your workplace, you might also find yourself the sole target of this unwanted behavior.

What are some signs of harassment in the workplace?

• Posting lewd pictures or symbols in your workspace
• Making rude jokes or name-calling, even if they say they’re just kidding
• Intimidation, making physical threats, or physical assault
• Inappropriate compliments, touching, or sexual assault
• Making unwanted advances or asking for sexual favors
• Retaliation in the form of denying promotion, demotion, or firing

Let’s go over some examples so you have better clarity about what is and what is not workplace harassment.

Is a boss who writes you up for frequently coming in late harassment? No, although it could be discrimination if no one else gets written up for the same thing.

What about a manager who holds you to strict deadlines for weekly reports? Again, not harassment if there’s no bullying, intimidation, or the like involved.

What ARE some examples of harassment in the workplace?

• Coworkers repeatedly drawing swastikas on your locker
• Your boss saying you can have a raise or promotion if you go on a date
• A manager threatening to fire you for bringing up safety violations
• A shiftmate who always touches you when passing by
• Owners who post offensive material in shared workspaces
• People calling you names, even when you ask them to stop

You might feel trapped in a hostile work environment, unable to perform your job properly due to ongoing harassment.

Legal Protections and Employee Rights in New Jersey

Fortunately, you are protected against harassment in the workplace by both federal and state laws. Several pieces of national legislation have protected workers for decades and made workplace harassment unlawful or even subject to criminal punishment.

However, the Equal Employment Opportunity Commission, as you’ll read below, is now subject to changes dictated by the Executive Office. So, it’s beneficial that New Jersey workers also have state protections. The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination and harassment in multiple settings, including employment.

Steps to Take If You Experience Harassment

There are three steps to take if you experience workplace harassment.

Document Everything Carefully

First, be sure to document all incidents of harassment. Keep it in a personal notebook or at home rather than on your work computer or in your work files. If you should lose access to your workspace, you’ll still have all the information accessible to you.

Report Harassment to HR or Management

Second, report harassment to management or human resources (HR). They may not be aware of what’s happening. Or they may have received complaints from other employees, and that forces them to take action. And if you need to seek legal counsel, you can show you’ve tried everything in your power to stop the harassment.

Consult with an Attorney

This leads to a third step you should take if your employer is not responsive to your claims of harassment. They may listen but do nothing. Or they may try to make you think you’re exaggerating or not acting like a team player. Making you doubt your reality is known as gaslighting. In that case, it’s time to take legal action for workplace harassment and speak to an attorney who specializes in employment law.

How McOmber McOmber & Luber Can Help

McOmber McOmber & Luber, P.C. should be at the top of your list when seeking a workplace harassment lawyer in NJ. We have decades of experience and an outstanding track record of verdicts and settlements in fighting workplace harassment, sexual harassment, discrimination, and retaliation. And we are well-versed in both federal and New Jersey employment law.

Why Consult Us Before Contacting the EEOC

We recommend consulting with the team at McOmber McOmber & Luber BEFORE filing a claim with the EEOC. Why?

• Making a complaint of harassment with the EEOC must be meticulously executed. Otherwise, you risk having your claim dismissed or being denied a “right to sue” letter. Our attorneys can help you make sure everything is executed properly.
• The EEOC is a neutral body, unlike a lawyer who represents you. They cannot offer legal advice to help you navigate a harassment case.
• The EEOC typically has a backlog of claims to investigate under the best of circumstances. However, with recent federal agency layoffs, they will likely become even more understaffed.
• The EEOC’s mission and processes are subject to imminent changes, as per the website. The agency is vulnerable to politicized appointments and government shutdowns should budget battles in Congress go unresolved. An employment attorney can guide workers through these changing times.

Are you not sure if you have a harassment case? Perhaps you want to know what options are available to you after getting nowhere with your employer’s management team or HR. McOmber McOmber & Luber, P.C., offers a free initial consultation to help you sort it out. You can feel confident moving forward with expert advice about the unique aspects of your situation.

You can reach us at our Red Bank office at 732.842.6500, our Marlton office at 856.985.9800, our Newark office at 973.878.9040, our New York office at 929.566.1300, our Philadelphia office at (267).777.7800, toll free at 888.396.0736, or through our online contact form .