Fighting Sexual Harassment Retaliation in New Jersey

It is illegal for any employer to terminate, discipline, or otherwise retaliate against an employee who reports, complains, files a charge, or participates in an investigation regarding sexual harassment. This applies to both internal and EEOC claims. If you complained about sexual harassment and were fired, denied privileges, or demoted as a result, you may be able to file a separate retaliation charge.

Based in Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA , and representing clients throughout New Jersey, the employment lawyers at McOmber McOmber & Luber, P.C. provide skilled legal counsel for employees and employers in sexual harassment retaliation matters. We can help you understand your rights and options, as well as the best course of action for filing a complaint.

What is Sexual Harassment Retaliation in NJ?

Sexual harassment retaliation can come from employers, coworkers, or anyone else in the workplace after making a complaint, internally or otherwise. Retaliation can take many forms, both major and minor, so it’s important to know what to look for. Common retaliation includes:

• Termination
• Demotion
• Job transfers
• Loss of benefits
• Intimidation
• Abuse
• Harassment
• Jokes or teasing

If you have been subjected to harassment, whether overt or covert, the harasser and your employer may be responsible for compensating you for damages. Call our retaliation lawyers immediately to discuss your case.

How Do You Prove Sexual Harassment Retaliation?

If you can demonstrate that the employer took any of these actions as a result of speaking up, you may have a retaliation case and should speak to one of our experienced sexual harassment attorneys as soon as possible to discuss your options.

We can help with the next steps, including filing complaints with your employer, your union, and/or the EEOC. With the assistance of an attorney, you can also determine whether the situation is severe enough to report it to law enforcement. Your attorney can discuss your options, as well as their pros and cons, allowing you to decide what the appropriate avenue is for you, whether that involves a lawsuit or another remedy.

Representing Employers in Sexual Harassment Retaliation Cases

Employers have a responsibility to take sexual harassment in the workplace seriously and avoid any situations where a claim of sexual harassment retaliation can arise. The best way to prevent such claims is to have effective and strictly enforced policies in place. Ignoring problems, minimizing employee complaints, failing to perform thorough investigations, or failing to take proper remedial action can create substantial liability for supervisors and employers.

Generally, employers can avoid liability if they can prove that:

• They took steps to prevent or correct the harassment
• The employee did not heed or take advantage of their attempts to prevent or correct the harassment
• The employee did not suffer any negative effects in retaliation for making the complaint

Our attorneys can provide guidance to minimize potential risk and exposure. Our firm can help employers create employee handbooks and policies, provide a clear understanding of employment laws, and help companies avoid future sexual harassment claims.

Our NJ Sexual Harassment Retaliation Lawyers Can Help You

If you have been the victim of sexual harassment in the workplace in New Jersey and have faced retaliation such as termination, demotion, or discipline after making a complaint, contact McOmber McOmber & Luber, P.C. today for a free consultation to discuss your options.