Sexual Harassment & Hostile Work Environment

New Jersey Sexual Harassment Lawyer

We represent New Jersey employees who are being sexually harassed at work, and we prepare every case as if it will go to trial so an employer that ignored the problem, or punished you for raising it, has to answer for it under state law. Call 908-219-4457 for a free consultation.

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It's Not Part of the Job. It's Against the Law.

Maybe it is a supervisor who keeps making comments about your body. Maybe it is a co-worker whose messages will not stop, and when you finally brought it up, you were told to stop being so sensitive. You should not have to choose between your paycheck and your dignity.


Sexual harassment cases are a core part of the work our New Jersey employment lawyers do. As a sexual harassment lawyer in NJ, we tell you plainly where you stand and start building the case from the first conversation, representing employees throughout New Jersey from our Summit office at 4 Chatham Road.

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What Sexual Harassment Looks Like at Work

Under the New Jersey Law Against Discrimination (NJLAD), sexual harassment is a form of sex discrimination, and the law applies to employers of every size. Federal law, Title VII of the Civil Rights Act, covers employers with 15 or more employees. That means harassment in the workplace is unlawful in New Jersey whether you work for a two-person office or a national company.


Harassment takes many forms, and it does not have to be physical to be unlawful. The conduct we see most often includes:

  • Sexual comments, jokes or questions about your body, appearance or personal life
  • Repeated requests for dates or sexual favors after you have said no
  • Explicit images, videos, messages or emails shared at work or sent to your phone
  • Unwanted touching, brushing against you, blocking your path or standing too close
  • Insults or hostility aimed at you because of your sex, gender or sexual orientation


For a closer look at the workplace rules that are supposed to prevent this conduct, read our guide to workplace harassment compliance.

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Quid Pro Quo Harassment: When Your Job Depends on It

Quid pro quo harassment happens when someone with power over your job ties a work decision to sexual conduct. A manager who hints that a promotion depends on going out with him, or a supervisor who cuts your hours after you turn down an advance, is using your job as leverage.


This kind of harassment does not need to be repeated to be unlawful. A single demand, or a single consequence for refusing one, can support a claim, and the employer is generally responsible for what its supervisors do with the authority it gave them.

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Hostile Work Environment in New Jersey

A hostile work environment is harassment that makes it hard or impossible to do your job. New Jersey courts apply the test set out by the New Jersey Supreme Court in Lehmann v. Toys 'R' Us. Conduct creates a hostile work environment when:

  • It would not have happened but for your sex
  • It is severe or pervasive enough that a reasonable person in your position would believe the conditions of employment were altered
  • It made the working environment hostile or abusive


The test is about the conduct, not whether you were visibly upset or complained loudly enough. A pattern of comments over months can meet it, and so can a single incident if it is severe enough. You do not need to show a lost job or a pay cut to have a claim.

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Who Can Be Held Responsible for Harassment

Harassment does not only come from the boss. The NJLAD reaches conduct by:

  • Supervisors and managers
  • Co-workers at the same level as you
  • Customers, clients, vendors and others the employer allows into the workplace
  • A harasser of the same sex as you


An employer can be liable when it knew or should have known about the harassment and failed to stop it, and when its complaint procedures were missing, ignored or ineffective. Supervisors and others who aid or abet the harassment can also be held personally liable under the NJLAD.

What to Do If You Are Being Harassed

The steps you take now can make your case stronger. If you are being harassed at work, we recommend that you:

Step 1

Write down every incident

Record the date, time and place, what was said or done, and who was there. Notes made close to the event carry weight later, so keep them somewhere your employer cannot access.

Step 2

Keep every message

Save texts, emails, chat messages, social media messages and voicemails, and take screenshots in case something is deleted. Store copies on a personal device or account, not on anything your employer controls.

Step 3

Report it if it is safe to do so

Use your employer's complaint procedure, put the complaint in writing and keep a copy of what you sent and any response. If reporting feels unsafe, or the harasser is the person you would report to, talk to us first.

Step 4

Call us before you sign anything

Do not sign a severance agreement, a release or a settlement offer until we have reviewed it. Once it is signed, you may have given up rights you did not know you had.

Reporting Harassment Is Protected. Punishing It Is Not.

Many people stay silent because they are afraid of losing their job. Under the NJLAD, it is separately unlawful for an employer to retaliate against you for reporting harassment, filing a complaint, or supporting a co-worker's complaint. Being fired, demoted, moved to worse shifts or shut out after speaking up can be its own claim, even if the underlying harassment claim is disputed.


If you were punished after you reported harassment, our employment law litigation practice pursues the retaliation claim alongside the harassment claim.

What You Can Recover in a New Jersey Harassment Case

The NJLAD allows employees to recover for the full harm harassment caused, including:

  • Back pay for wages and benefits you lost
  • Front pay for future earnings when returning to the job is not realistic
  • Emotional distress damages for the anxiety, humiliation and toll on your life
  • Punitive damages where upper management took part in the harassment or was willfully indifferent to it
  • Attorney's fees and costs, which the NJLAD allows a court to shift to the employer when you win


That fee-shifting provision matters. It means an employee does not need deep pockets to take on an employer with a legal department behind it.

You Cannot Be Forced to Stay Silent

Some employers try to bury harassment with a confidentiality clause in an employment contract or settlement agreement. New Jersey law makes provisions that conceal the details of a harassment, discrimination or retaliation claim unenforceable against the employee. If you are being pressured to sign an agreement that would keep you quiet, bring it to us before you sign so we can tell you exactly what it does and what you are giving up.

Deadlines to Act on a Sexual Harassment Claim

Harassment claims come with firm deadlines, and waiting can cost you options:

  • NJLAD claims generally must be filed within two years
  • Under the NJLAD, you can go straight to New Jersey Superior Court and ask for a jury trial, without first filing a charge with a government agency
  • Federal Title VII claims require a charge with the Equal Employment Opportunity Commission, which in New Jersey is due within 300 days


The sooner we hear from you, the more evidence we can preserve and the more paths stay open. If harassment is happening now, or ended recently, call us today.

Litigation-First Representation for Harassment Victims

Employers take a harassment claim more seriously when they know the lawyer on the other side is ready to try it. We prepare every case as if it will go to trial, and that preparation shapes every negotiation, mediation and courtroom appearance.

  • A litigation-first firm with over twenty years of personalized legal representation
  • Employment cases litigated in New Jersey state courts and federal court, as well as in arbitration and mediation
  • Best Lawyers recognition from 2018 through 2025 and Super Lawyers recognition from 2019 through 2025
  • Andrew Smith named a New Jersey Super Lawyer for at least eight consecutive years
  • Attorneys who stay available, explain each step and keep you informed

Questions About Sexual Harassment Claims in New Jersey

  • Is one incident enough for a hostile work environment claim in New Jersey?

    It can be. New Jersey law asks whether the conduct was severe or pervasive, so a single incident can support a claim if it is severe enough, such as a sexual assault or a serious physical threat. Less severe conduct usually needs to be repeated over time to meet the standard.

  • Do I have to report harassment to HR before I can sue my employer?

    Reporting is not a strict requirement to sue under the New Jersey Law Against Discrimination, but it often matters. Employers may argue they had no chance to fix a problem they did not know about, especially when the harasser is a co-worker. If reporting feels unsafe or pointless, talk to a lawyer about how to protect yourself before you decide.

  • Can I be fired for reporting sexual harassment in New Jersey?

    No. The NJLAD makes it unlawful for an employer to fire, demote or otherwise punish you for reporting harassment or for supporting a co-worker's complaint. If that happens, you may have a separate retaliation claim in addition to the harassment claim.

  • What if the harasser was a customer or co-worker, not my boss?

    You may still have a claim. New Jersey employers can be responsible for harassment by co-workers, customers and vendors when they knew or should have known about it and failed to take prompt, effective action to stop it.

  • Can my employer make me sign a confidentiality agreement about harassment?

    An employer can ask, but New Jersey law makes provisions in employment agreements and settlements that conceal the details of a harassment, discrimination or retaliation claim unenforceable against the employee. Have a lawyer review any agreement before you sign it.

  • How long do I have to file a sexual harassment claim in NJ?

    Claims under the New Jersey Law Against Discrimination generally must be filed within two years. If you also want to bring a federal Title VII claim, you must file a charge with the EEOC within 300 days. Call us at 908-219-4457 as early as you can so we can protect every deadline in your case.

Speak Up. We'll Stand Behind You.

You do not have to keep putting up with harassment to keep your job, and you do not have to face your employer alone. We represent employees throughout New Jersey from our Summit office and offer a free consultation to review what happened and explain your options. Call 908-219-4457 or reach out online today.