Employees in Cherry Hill and throughout New Jersey have the right to a workplace free from unlawful harassment and discrimination. The New Jersey Law Against Discrimination (NJLAD) is one of the most comprehensive civil rights statutes in the country, protecting employees from bias-based harassment, unequal treatment, and retaliation in the workplace.
If you are experiencing harassment at work, understanding your rights under the NJLAD is the first step toward protecting yourself and holding your employer accountable.
What Is the New Jersey Law Against Discrimination (NJLAD)?
The NJLAD prohibits discrimination and harassment in employment, housing, and places of public accommodation. In the workplace, it makes it unlawful for employers to make decisions, such as hiring, firing, promotion, compensation, or job assignments, based on protected characteristics.
Importantly, the NJLAD also prohibits bias-based workplace harassment, meaning conduct directed at an employee because of a protected trait that is severe or pervasive enough to create a hostile or abusive work environment under the totality of the circumstances.
Employers may be held liable when they know or should have known about harassment and fail to take prompt and appropriate corrective action.
Protected Classes Under NJLAD
Workplace harassment is unlawful under the NJLAD when it is based on a protected characteristic. Protected categories include:
- Race, creed, color, national origin, nationality, or ancestry
- Age
- Sex (including pregnancy or pregnancy-related conditions)
- Gender identity or expression
- Affectional or sexual orientation
- Marital, civil union, or domestic partnership status
- Physical or mental disability
- Genetic information or atypical hereditary traits
- Military service or obligations in the U.S. Armed Forces
If harassment is tied to any of these characteristics, it may support a claim under the NJLAD.
Types of Workplace Harassment Under NJLAD
Hostile Work Environment Harassment
A hostile work environment exists when an employee is subjected to conduct based on a protected characteristic that is severe or pervasive enough to alter the conditions of employment and create an intimidating, hostile, or abusive workplace.
Courts evaluate the totality of circumstances, including frequency, severity, and whether the conduct interferes with the employee’s work performance.
Examples may include:
- Derogatory slurs or epithets related to race, gender, religion, or sexual orientation.
- Repeated offensive jokes targeting a protected class.
- Display of discriminatory or sexually explicit materials.
- Threats, intimidation, or humiliation based on protected status.
Harassment may come from supervisors, coworkers, clients, customers, or vendors. Employers can be liable if they fail to act after learning of the conduct.
Quid Pro Quo Sexual Harassment
Quid pro quo harassment occurs when job benefits or employment decisions are conditioned on submission to sexual conduct.
Examples include:
- Promising promotions or raises in exchange for sexual favors.
- Threatening termination or discipline for refusing advances.
- Conditioning employment on romantic or sexual submission.
This form of harassment is a direct abuse of authority and is strictly prohibited under NJLAD.
Employer Liability Under NJLAD
New Jersey employers have an affirmative duty to prevent and correct workplace harassment.
Liability may arise when:
- A supervisor’s harassment results in a tangible employment action.
- The employer negligently fails to prevent or correct a hostile work environment.
- The employer vests the harasser with authority to control the working environment.
Employers are expected to maintain anti-harassment policies, provide training, and ensure accessible reporting procedures.
Protection Against Retaliation
The NJLAD strictly prohibits retaliation against employees who assert their rights.
Protected activities include reporting harassment, participating in investigations, or filing complaints.
Retaliation may include:
- Termination or demotion
- Reduced hours or pay
- Negative performance reviews
- Exclusion from assignments or opportunities
- Other adverse workplace changes tied to reporting conduct
Deadlines for Filing a Claim
Time limits may apply:
- 180 days to file with the New Jersey Division on Civil Rights (DCR).
- Two years to file a lawsuit in New Jersey Superior Court.
Acting quickly is important to preserve your legal rights.
Seeking Justice for Workplace Harassment in Cherry Hill
Workplace harassment can have lasting emotional and professional consequences. The NJLAD provides remedies that may include lost wages, emotional distress damages, and, in some cases, punitive damages and attorneys’ fees.
A qualified employment attorney can help evaluate your claim and pursue accountability under New Jersey law.
Frequently Asked Questions
- What counts as workplace harassment under NJLAD?
Conduct based on a protected trait that is severe or pervasive enough to create a hostile or abusive work environment. - Can I have a claim if I was not fired or demoted?
Yes. A hostile work environment alone may support a claim even without termination or demotion. - Can my employer be liable for coworker harassment?
Yes. Employers may be responsible if they knew or should have known and failed to take corrective action. - Is retaliation illegal if I report harassment?
Yes. The NJLAD prohibits employers from punishing employees for reporting harassment or participating in an investigation.
Contact a Cherry Hill Workplace Harassment Lawyer at Warden Law LLC
You do not have to endure a hostile or discriminatory workplace. A Cherry Hill harassment lawyer at Warden Law LLC is prepared to review your situation and explain your legal options under the NJLAD. Call 856-324-8266 or fill out our online contact form to schedule a free consultation. We are located in Cherry Hill, NJ.