How to File a Sexual Harassment Claim?

Despite strict laws and extensive repercussions, sexual harassment in the workplace continues to plague many New Jersey employees. Our Cherry Hill sexual harassment lawyers at The Gold Law Firm P.C. want to empower you, help you understand your legal rights, and protect you as you seek justice for your harassment case. Let us walk you through the process of filing a sexual harassment claim in New Jersey.

How Do You Identify Sexual Harassment?

Sexual harassment falls into two main categories under New Jersey law.

When someone in a position of authority conditions a benefit (such as a promotion or continued employment) on sexual favors or threatens adverse action (such as termination) if you refuse sexual advances, that person has engaged in quid pro quo harassment.

The second type, hostile work environment harassment, develops when someone’s gender-based harassment starts to detrimentally affect your work conditions. This conduct can include verbal harassment, which can look like obscene language or demeaning comments; physical harassment, which encompasses unwanted touching or physical contact; and visual harassment, which involves displaying pornographic images or other offensive materials.

How Do You Document Sexual Harassment?

Record each incident thoroughly, noting the nature of each harassment instance, when it occurred, who participated, the location, and any witnesses present. Updated notes and records can carry significant weight in court.

Confront the harasser directly when possible, or if you feel uncomfortable, reach out to them via your HR department. This effort at communication will establish a hard line and create a record of any responses.

How Should You Report Harassment to Your Employer?

If your first attempt at communication fails to stop the harassment, file a formal complaint with your employer. Follow your company’s official harassment reporting procedures as outlined in the employee handbook—by law, your supervisor cannot dismiss sexual harassment claims simply because they do not believe you. Assert your right to take your complaint up the chain of command if necessary.

Your employer must maintain confidentiality throughout the process—if they fail to do so and you subsequently experience increased hostility, document these failures as potential grounds for legal action.

What Options Exist When Your Employer Ignores Harassment?

File an administrative charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR) within the Office of the Attorney General if your company fails to investigate your complaint, takes no action, or retaliates against you.

By law, you must submit your complaint to the EEOC within 300 days of the harassment or to the DCR within 180 days of the alleged incident.

What Compensation Might You Receive From a Successful Claim?

New Jersey courts have awarded harassment victims with compensation for lost wages, emotional distress, and attorney fees—if you experienced quid pro quo harassment, you may receive payment to make up for lost benefits, payment for lost job opportunities, and even reinstatement to your former position if your job terminated you because of the harassment.

The New Jersey Law Against Discrimination (NJLAD) prevents employers from firing, demoting, reassigning, or otherwise penalizing you if you complain about, report, or cooperate in an investigation of alleged discrimination or bias-based harassment. If your employer does retaliate against you, you may have grounds for additional legal claims.

How Can an Employment Lawyer Strengthen Your Case?

When you need to file a workplace harassment claim to protect yourself, a seasoned employment attorney can offer you guidance and emotional support by analyzing your situation, explaining the applicable laws, and taking care of all the legal burdens for you. They will also help you file all the required administrative complaints and potential litigation while protecting your rights.

For over 40 years, The Gold Law Firm P.C. has devoted its practice exclusively to employment law matters in Pennsylvania and New Jersey. We understand the complexities of New Jersey employment law and the emotional toll harassment takes on victims, and we will fight vigorously for you through every stage of the legal process.

Seek Justice With the Cherry Hill Sexual Harassment Lawyers at The Gold Law Firm P.C.

If you need to protect yourself against workplace harassment, call our Cherry Hill sexual harassment lawyers at The Gold Law Firm P.C. at 215-569-1999 or fill out our online form for a free consultation. With office locations in Philadelphia and Pennsauken, New Jersey, we serve clients throughout South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.