Sexual harassment in the workplace can be distressing, leaving victims feeling vulnerable, unsupported, and unsure of where to turn. If you’re facing harassment at work in Atlantic City, understanding your rights under New Jersey law is crucial. This guide by Lipari & Deiter provides clear steps to follow if you’re experiencing workplace harassment, empowering you with the knowledge you need to protect yourself legally and emotionally.
What is Considered Sexual Harassment in the Workplace?
Sexual harassment in New Jersey is defined by unwanted or inappropriate conduct of a sexual nature that creates a hostile or offensive work environment. This may include physical advances, inappropriate jokes or comments, unwelcome gestures, and requests for sexual favors. Both direct and indirect actions may count as harassment, even if the person at fault isn’t a supervisor.
- Example: A supervisor making suggestive comments during meetings or consistently “forgetting” personal boundaries by touching employees could be instances of harassment.
Step 1: Document Every Incident
Thorough documentation is essential in proving harassment cases. Each time an incident occurs, make a detailed note with the following information:
- Date and time of the incident
- Location within the workplace
- Individuals involved, including witnesses, if any
- Description of what happened, avoiding any exaggeration or subjective language
Keeping this record not only strengthens your case but also demonstrates to a court or investigator that there is a repeated pattern of inappropriate behavior.
Step 2: Familiarize Yourself with Your Company’s Harassment Policy
Most companies in New Jersey are legally required to have anti-harassment policies in place. This policy should outline the steps for reporting harassment, disciplinary procedures, and resources available to employees. Reviewing your company’s policies helps you understand how your employer is expected to respond and whether they may have breached their own policies.
- Example: If your company’s policy promises confidential reporting but your complaint was publicly discussed, this could signify a failure to protect your privacy and may strengthen your claim.
Step 3: Speak with a Trusted Colleague
Discussing the situation with a trusted colleague can provide both support and, potentially, a witness who may help substantiate your claims. A colleague who has noticed the same behavior or has had similar experiences may provide added legitimacy to your case.
- Example: In a case where multiple employees have experienced similar behavior from the same individual, group testimonies could be powerful in proving a pattern of harassment.
Step 4: Report the Harassment to Your Employer
New Jersey law often requires that employees make a reasonable effort to report harassment to their employer before pursuing legal action. Begin with a formal complaint, detailing specific instances of harassment. Ensure you submit this complaint through documented channels, such as email, and keep copies for your records.
- Example: Sending a formal complaint to your HR department and receiving acknowledgment shows you followed due process.
Step 5: Keep an Eye on Your Employer’s Response
After reporting, pay close attention to your employer’s response. Are they taking the allegations seriously? Are they conducting a thorough investigation? Under New Jersey’s anti-discrimination law, employers are legally obligated to take harassment complaints seriously and conduct timely investigations.
- Example: If your employer fails to conduct a thorough investigation or retaliates against you, this could open the door to further legal recourse.
Step 6: Reach Out to a Qualified Employment Attorney
Sexual harassment cases can be complicated and emotionally taxing. Consulting an experienced Atlantic City employment attorney can help protect your rights while navigating the complexities of employment law. Attorneys from Lipari & Deiter have the expertise to assist victims in understanding their legal options and in pursuing justice.
An attorney can also guide you on the following:
- Filing a claim with the New Jersey Division on Civil Rights (DCR) or the federal Equal Employment Opportunity Commission (EEOC)
- Building a case based on your documentation and employer’s response
- Exploring potential compensation options for emotional distress, lost wages, or other damages
Step 7: Consider Filing a Formal Complaint
After consulting with an attorney, filing a complaint with either the EEOC or DCR may be your next step. Your attorney can help determine the best agency based on your specific situation. New Jersey offers robust protections against workplace harassment, often stronger than federal laws, making DCR filings especially advantageous.
- Example: If you’ve experienced significant emotional distress or negative career impacts due to harassment, your attorney can advise on compensation options and legal pathways.
Step 8: Avoid Retaliation Traps
New Jersey’s laws protect employees against retaliation, but that doesn’t prevent all employers from attempting subtle or overt retaliatory actions, such as demotion, harassment by other staff, or unwarranted disciplinary actions. Document any incidents that feel retaliatory and discuss them with your attorney.
- Example: If your employer suddenly shifts you to a less desirable shift or location after your complaint, this could be interpreted as retaliation.
Step 9: Prepare for Possible Mediation or Settlement
Before heading to court, many harassment cases are resolved through mediation or settlement. Your attorney will represent you and help negotiate terms that are fair and just, addressing any emotional or financial harm caused by the harassment. Settlement agreements can provide a faster resolution while also protecting your privacy.
- Example: In a mediation setting, a qualified attorney can negotiate for compensatory damages that acknowledge the emotional impact and professional disruption caused by harassment.
Step 10: Follow Through on Court Proceedings if Necessary
If mediation fails or the employer does not respond satisfactorily, your case may proceed to court. This is where your documentation, your attorney's guidance, and any witness testimonies become vital. Lipari & Deiter's attorneys specialize in holding employers accountable and can represent your best interests in court to seek a fair outcome.
Why You Should Work with Lipari & Deiter for Your Employment Law Needs
Facing workplace harassment is challenging, but you don’t have to go through it alone. Lipari & Deiter understand the sensitivity and complexities involved in these cases and bring years of experience advocating for employees' rights. Our dedicated team provides compassionate support while pursuing justice for victims in Atlantic City and beyond. We stand with you, helping you reclaim a safe and respectful workplace environment.
Take Action Against Workplace Harassment – Speak with a Trusted NJ Employment Attorney Today
If you’re facing workplace harassment in Atlantic City, Pleasantville, Brigantine, or the surrounding areas, you don’t have to face it alone. Lipari & Deiter’s employment law attorneys are here to protect your rights and fight for a safer work environment. Our team understands the unique challenges New Jersey employees face and offers dedicated, compassionate support. Reach out today to learn more about your options and start building a case.
Contact Lipari & Deiter today for trusted representation across South Jersey.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Lipari & Deiter or any of its attorneys. If you are experiencing workplace harassment or any other employment law issue, you should consult with a qualified attorney to discuss your specific circumstances. Legal outcomes vary based on the facts of each case. For personalized legal guidance, contact Lipari & Deiter directly.