Workplace Harassment

Respected Bergen County Employment Attorneys Holding Employers Accountable for Allowing Harassment in the Workplace

You deserve to feel safe and respected at work. When harassment interferes with your ability to do your job or affects your mental and emotional well-being, it is more than just uncomfortable—it may be against the law. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., our Bergen County workplace harassment lawyers help employees across New Jersey assert their legal rights and hold employers accountable.

Under New Jersey law, workplace harassment can rise to the level of unlawful discrimination or retaliation if it is based on a legally protected characteristic or activity. That includes harassment motivated by your race, gender, age, disability, religion, national origin, sexual orientation, or pregnancy. It also includes harassment in response to something you have done—like taking a medical leave, requesting a reasonable accommodation, or reporting illegal conduct.

What Qualifies as Illegal Workplace Harassment?

Not every rude or unfair workplace experience amounts to illegal harassment. For conduct to be legally actionable, it must be either severe (extremely serious, even if it only happens once) or pervasive (occurring repeatedly over time). Specifically, the conduct must be offensive enough to change the terms and conditions of your job, meaning it must create a hostile work environment.

For example, one incident of a manager physically threatening you or using an egregious racial slur may be enough to establish a legal claim. More often, however, harassment is made up of smaller, repeated behaviors—like derogatory jokes, inappropriate assignments, or the use of constant scrutiny—that collectively make your work environment intolerable.

Sexual Harassment is a Common—and Illegal—Form of Workplace Harassment

Sexual harassment is one of the most widely recognized forms of unlawful workplace behavior. While it often involves sexually explicit comments or advances, it does not have to. Harassing someone based on their gender—such as by reinforcing harmful stereotypes, excluding them from opportunities, or treating them unequally—can also be unlawful, even if the behavior is not sexual.

Both men and women can be victims of sexual harassment, and the harasser can be of any gender. What matters is whether the conduct was unwelcome, tied to your gender, and serious or persistent enough to negatively impact your working conditions.

Other Common Forms of Harassment in New Jersey Workplaces

In addition to sexual harassment, New Jersey law prohibits hostile work environments based on:

• Race or color
• Age
• Disability (physical or mental)
• Religion
• National origin or ancestry
• Marital status
• Pregnancy or breastfeeding
• Military or veteran status
• Sexual orientation or gender identity

Harassment also may occur when your employer retaliates against you for exercising a legal right—like reporting discrimination, requesting FMLA leave, or making a complaint about wage violations or another violation of law.

Examples of unlawful workplace harassment can include:

• Offensive or demeaning comments or jokes about a protected trait
• Assigning you demeaning or irrelevant tasks despite your qualifications
• Targeted criticism or nitpicking of your work
• Unjustified poor performance evaluations
• Undeserved performance improvement plan (PIP)
• Social isolation or exclusion from meetings
• Yelling, threats, or intimidation
• Threats of demotion, discipline, or termination without basis

Even when these behaviors might seem subtle on their own, together they can create a hostile work environment that impacts your ability to perform your job and feel secure at work.

When Harassment Forces You to Resign

Sometimes harassment becomes so unbearable that staying in your job feels impossible. If you are forced to resign because of the conditions at work, you may have what is known as a constructive discharge claim. These claims can be difficult to prove, so it can be important to document what is happening and make a reasonable effort to address the issue—such as reporting it to HR—before resigning.

We can advise you about whether the circumstances of your resignation may support a claim for damages, including lost pay.

Speak With an Experienced New Jersey Harassment Lawyer

If you are facing harassment at work, you do not have to handle it alone. Our team at Rabner Baumgart Ben-Asher & Nirenberg, P.C. has decades of experience representing employees across New Jersey in workplace harassment cases. We understand how emotionally draining and professionally damaging these situations can be, and we are here to provide clear guidance, steady support, and strong legal advocacy.

Whether you are still employed and trying to protect your rights, or you have already lost your job and want to understand your options, we encourage you to reach out. Call us today at (201) 777-2250 or contact us online to schedule a confidential consultation with a New Jersey harassment lawyer.