Workplace Harassment And Hostile Work Environment Attorneys in New Jersey
Harassment is another form of workplace discrimination. Even if your employer has not taken a formal employment action against you (such as firing you), it is unlawful for your employer to subject you to a hostile work environment on the basis of a legally protected status such as your age, color, ethnicity, gender (sex), disability, pregnancy, religion, sexual orientation or certain other characteristics. You have been unlawfully harassed if you suffer severe or pervasive negative workplace conduct because of your status that is legally protected by law.
Under New Jersey law, if a workplace harassment victim proves that a supervisor illegally harassed him/her, then the employer is legally responsible for damages. If you are harassed by a coworker, your employer can be held legally responsible if he/she (through any of the other employees) knew that the harassment occurred and did nothing to stop it, or should have known that the harassment was taking place, or did not have effective anti-harassment policies or training.
If these scenarios apply to a situation in your workplace, please call Green Savits, LLC at (973) 965-8571 to find out how our attorneys can assist you with your employment law claim.
What Constitutes A Workplace Harassment Case?
An employer has a legal obligation to prevent workplace harassment and to address employee harassment complaints. If the harassment victim complains to her/his supervisor about being harassed, the employer’s legal obligation is to promptly investigate and take whatever measures are necessary to stop the harassment. If the employer fails to promptly investigate and take effective remedial action, then the employer may be required to pay damages to the harassment victim.
If harassment is either severe or pervasive such that it creates a hostile work environment, a harassment victim may be awarded emotional distress damages for having to endure the employer’s illegal conduct. However, under New Jersey law, a harassment victim is not necessarily entitled to damages for resigning from the workplace even if the employee can prove that the workplace conduct is illegal and creates a hostile environment. Instead, a harassment victim must prove that she/he was constructively discharged – in other words forced to resign by the very nature of the conduct.
What Characteristics Are Protected Under A Workplace Harassment Case?
The attorneys at Green Savits, LLC have extensive experience in federal and state trial and appellate courts representing victims of workplace harassment who have been treated differently because of the following protected characteristics:
- Age
- Ancestry
- Civil Union Status
- Color
- Disability
- Domestic Partnership Status
- Gender
- Gender Identity
- Genetic Traits
- Marital Status
- Military Service
- Nationality
- National Origin
- Pregnancy
- Race
- Religion
- Sexual Orientation
We have helped workplace harassment victims receive lucrative verdicts and settlements, and we will fight aggressively to ensure you receive the compensation you deserve.
Please contact Green Savits, LLC online or call (973) 965-8571 today to schedule your initial consultation. Our workplace harassment lawyers serve clients in Northern and Central New Jersey and nationwide.
Employer’s Legal Obligations To Prevent And Address Harassment Complaints
New Jersey’s courts have ruled, when interpreting New Jersey’s laws against discrimination, that employers have certain legal obligations to:
- Prevent workplace harassment
- Investigate complaints of harassment
- Implement solutions that effectively stop harassment immediately
The Employer’s Obligation To Take Steps To Prevent Harassment
An employer has a legal obligation to take steps to prevent workplace harassment from occurring. The first step requires that an employer draft and distribute to its employees an anti-harassment policy. The anti-harassment policy should provide an effective procedure for the prompt investigation and remediation of all workplace harassment claims. This could mean designating specific employees the responsibility of receiving and then investigating harassment complaints in a way that the harassment victim does not suffer retaliation.
Second, an employer should conduct periodic training classes or sessions so that its employees are educated as to what constitutes workplace harassment, its expectations of employees, and the procedures that the employer has established regarding investigating and addressing harassment complaints. An employer’s failure to take any of these steps may subject the employer to liability under the Law Against Discrimination.
The Employer’s Obligation To Promptly Investigate And Take Steps To Stop Harassment
Employers must investigate all harassment complaints, even if the complaining employee wishes to keep his/her complaint and name confidential. An employer who fails to promptly investigate a harassment complaint and then take swift action to put an end to the harassment could be liable for damages. This latter requirement is critical as the solution implemented by the employer must effectively bring the workplace harassment to an end. If the employer’s action does not, the employer must take further steps to ensure that the harassment comes to an end.
The employer has legal obligations to end workplace harassment even if the victims do not complain. New Jersey courts have ruled that an employer may be held liable if it knew about the illegal harassment, regardless of whether anyone complained. For example, if a supervisor is a witness to illegal harassment, then the employer is obviously aware of the workplace harassment. New Jersey courts have also ruled that an employer should have known about the harassment. For example, if the harassment is so frequent and/or widespread throughout the workplace that supervisors should have been aware, the employer will be held liable.
If you have been the victim of workplace harassment, please contact Green Savits, LLC today by completing the form on this page or calling (973) 965-8571 to schedule your initial consultation. Our employment law attorneys serve clients in Northern and Central New Jersey.
What Makes Us Different
Proven Results. Experienced Team. Personal Commitment.
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A History of SuccessOur attorneys have prevailed in landmark New Jersey Supreme Court cases, making a significant impact on employment law with decisions involving issues like pregnancy and religious discrimination, whistleblower retaliation, and more.
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Experienced Trial AttorneysWith a strong reputation for success, we bring the exerience and determination necessary to fight for your rights every step of the way.
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Leadership in Employee AdvocacyOur attorneys have influenced legislation for New Jersey workers and have successfully argued in eleven New Jersey Supreme Court cases on critical issues like pregnancy discrimination, whistleblower retaliation, and sexual harassment.
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Strength in Facing Powerful OpponentsWe don’t shy away from challenging large, well-resourced corporations. Our firm has successfully taken on Fortune 500 companies like AT&T, ExxonMobil, and Pfizer, achieving justice for our clients in the face of tough opposition.
