Under both New Jersey and federal law, employees are entitled to a work environment where they can do their job without being subjected to another employee, supervisor or third-party harassing them. Employees who feel they are being harassed can make a legal claim, but it is crucial that the claim be supported by relevant and compelling evidence.

Harassment is a form of discrimination that is prohibited under New Jersey and federal law where it is based on an employee’s personal characteristics, such as gender, race, religion, age or nationality. There are generally two types of harassment: quid pro quo harassment and hostile workplace harassment. Quid pro quo harassment occurs when a supervisor or other person in authority makes improper demands or advances in exchange for job benefits, such as a raise, or for avoiding negative disciplinary actions in the job. Hostile workplace harassment occurs when another employee, supervisor or third party exhibits behavior — targeted at employees with certain protected characteristics — that is so severe and pervasive that it can make the work environment intimidating, offensive or abusive for such employees.

In many instances, harassment in the workplace can be discrete or hidden and therefore difficult to prove. Claims that are based solely on the complaining employee’s testimony often fail. If you believe you are experiencing harassment, you should carefully document each incident and attempt to collect as much evidence as possible. You should keep a record of each incident, noting the date, time and what occurred. If the harassment involves communication, you should download and save any emails, texts or voicemails that you are receiving. Also, take pictures of any physical communications, such as a written or graphic item left on a desk. If other employees witness the harassment, document this fact and get their observations in writing, or record them if possible.

When you are ready to make a complaint to your human resources representative or other company official about the harassment, make sure the complaint is in writing and that you keep a record of any subsequent communications. If the employer fails to address the harassment and to take sufficient action to stop it, you have the right to file a claim with the Equal Employment Opportunity Commission or the New Jersey Division on Civil Rights. A New Jersey employment attorney with experience in harassment claims can be of great assistance in these processes, which can also lay the groundwork for bringing a lawsuit seeking money damages.

At Cashdan & Kane, PLLC, we have wide experience championing the legal rights New Jersey workers asserting claims of harassment and other forms of discrimination. Please call our Westfield office at 908-264-9331 or contact us online to arrange a consultation.