Most people think of sexual harassment when they hear the term “workplace harassment,” but New Jersey employees may experience unlawful harassment in many other forms. Workers can face mistreatment because of their race, religion, disability, national origin, age, pregnancy, sex, sexual orientation, gender identity or expression, ancestry, marital or domestic partnership status, genetic information, or other legally protected characteristics.
Key Takeaways
- Workplace harassment includes more than sexual harassment and may involve many legally protected characteristics.
- Harassment may violate New Jersey and federal law when it creates a hostile work environment.
- Employees should document harassment, report it when appropriate, and be aware that retaliation may also be unlawful.
A knowledgeable Cherry Hill discrimination lawyer at Warden Law LLC can help employees understand when inappropriate workplace conduct may violate the law and what legal options may be available.
What Is Workplace Harassment?
Workplace harassment is conduct directed at an employee because of a legally protected characteristic. Although disagreements, personality conflicts, and occasional rude behavior can occur in any workplace, harassment may become unlawful when it creates an intimidating, hostile, or offensive work environment.
Harassment can come from supervisors, managers, coworkers, clients, vendors, customers, or other individuals in the workplace. Whether conduct violates the law depends on the facts and circumstances of each situation.
Under the New Jersey Law Against Discrimination (NJLAD) and federal law, workplace harassment based on a protected characteristic may violate the law when it is severe or pervasive enough to create a hostile work environment.
What Is a Hostile Work Environment?
A hostile work environment develops when discriminatory conduct becomes so severe or pervasive that it interferes with an employee’s ability to perform their job or creates an intimidating, hostile, or offensive work environment.
Courts may consider several factors when evaluating whether harassment is unlawful, including:
- The frequency of the conduct.
- The severity of the behavior.
- Whether the conduct was physically threatening or humiliating.
- Whether it interfered with the employee’s work performance.
- The overall circumstances surrounding the conduct.
Common Types of Workplace Harassment in New Jersey
Harassment may occur in many forms and is not always obvious. Unlawful workplace harassment can involve offensive comments, repeated jokes, slurs, insults, intimidation, threats, exclusion, offensive images, unwanted messages, or other conduct directed at an employee because of a protected characteristic.
Racial and National Origin Harassment
Racial harassment may include racial slurs, stereotypes, offensive jokes, comments about hair or skin color, discriminatory remarks, offensive images, unequal treatment, or exclusion from workplace opportunities.
National origin harassment may involve mocking an employee’s accent, criticizing cultural traditions, making derogatory comments about immigration or citizenship, or targeting someone because of where they or their family originated.
Conduct may be dismissed as “just joking,” but repeated discriminatory comments can create a hostile work environment.
Religious Harassment
Religious harassment may include mocking an employee’s beliefs, criticizing religious clothing or grooming practices, making offensive comments about holidays or prayer, pressuring employees to participate in religious activities, or treating employees differently because of their faith—or because they have no religious beliefs.
Disability-Based Harassment
Employees with physical disabilities, mental health conditions, chronic illnesses, or other qualifying disabilities may experience unlawful harassment.
Examples include:
- Mocking an employee’s disability or medical condition.
- Making jokes about mental health conditions.
- Calling an employee lazy because of medical restrictions.
- Making repeated comments about an employee’s limitations.
Other Protected Characteristics That May Lead to Harassment Claims
Workplace harassment may also be based on:
- Age
- Pregnancy, childbirth, or related medical conditions
- Sex
- Sexual orientation
- Gender identity or expression
- Ancestry
- Marital status
- Domestic partnership or civil union status
- Genetic information
What Should Employees Do if They Experience Workplace Harassment?
Employees who believe they are experiencing workplace harassment should consider documenting what occurred. Helpful information may include:
- Dates and times
- Locations
- Names of witnesses
- Exact comments or conduct
- Reports made to supervisors or Human Resources
- Responses from management
When appropriate, employees should follow their employer’s reporting procedures. If an employer ignores complaints or an employee experiences retaliation after reporting harassment, it may be appropriate to speak with an employment lawyer about their legal options.
Frequently Asked Questions
Is workplace harassment illegal if it is not sexual?
Yes. Harassment based on race, religion, disability, age, pregnancy, national origin, sex, sexual orientation, gender identity or expression, or another legally protected characteristic may violate New Jersey or federal law.
Can one incident be enough to create a hostile work environment?
Sometimes. A single severe incident may be sufficient under certain circumstances, while less severe conduct may need to occur repeatedly before it becomes unlawful.
What evidence should I keep if I believe I am being harassed?
Employees should preserve emails, text messages, photographs, screenshots, notes documenting incidents, witness information, and copies of complaints made to supervisors or Human Resources whenever possible.
Speak With a Cherry Hill Discrimination Lawyer at Warden Law LLC About Workplace Harassment
If you believe you are experiencing workplace harassment based on race, religion, disability, age, pregnancy, national origin, sexual orientation, gender identity or expression, or another protected characteristic, a Cherry Hill discrimination lawyer at Warden Law LLC can evaluate your situation, explain your legal rights, and discuss your options. For a free consultation, call 856-324-8266 or complete our online contact form. We are located in Cherry Hill, New Jersey.