Rights of Employees
In New Jersey, workplace harassment is a form of unlawful discrimination or retaliation. It occurs when your employer discriminates or retaliates against you for an illegal reason which creates a hostile work environment for you.
Harassment at work is legally actionable only if it is so severe (really bad) or pervasive (very frequent) that, in effect, it changes the terms and conditions of your job. For example, one extremely serious act of harassment at your job can be illegal. But more commonly it is a series of relatively minor actions over a period of weeks, months, or even years that combines to create a hostile work environment.
We understand that harassment at your job can be extremely disruptive to your job and your life, and often causes severe emotional distress. If you have been the victim of harassment at your job in New Jersey or New York, we can help. Please contact us at (201) 777-2250 to schedule a consultation with one of our New Jersey harassment lawyers.What is Sexual Harassment?
Sexual harassment is harassment that occurs because of the fact that you are a woman or a man. Sexual harassment often is sexual in nature. Many people assume sexual harassment has to involve conduct that is sexual in nature. However, it also can include harassing someone because of his or her gender even if the conduct is not sexual all. You can read more information about this legal claim on our sexual harassment page.What Other Forms of Harassment Are Legally Actionable?
Not all harassment at work is illegal. Rather, to violate the law the harassment has to be motivated by an illegal reason. For example, both New York and New Jersey prohibit racial harassment. Similarly, both states prohibit harassment at work based on your age, color, gender, marital status, mental or physical disability, national origin, pregnancy, religion, sexual orientation or veteran or military status.
Harassment also can be unlawful if it is a form of unlawful retaliation, or if it violates certain other employment laws such as state and federal wage and hour laws and the Family & Medical Leave Act ("FMLA").What Are Common Examples of Harassment?
Harassment can take many different forms. For example, it can include the use of derogatory or offensive comments and jokes, stereotypes, names and other behavior that is insulting or derogatory. It also can include assigning you work that is undesirable or inconsistent with your job title and experience, such as assigning you to perform menial tasks without justification.
Likewise, a hostile work environment can include unfair negative performance evaluations, over-scrutinizing or nitpicking your job performance, or isolating you from your coworkers. Yet another common form of harassment is threatening and intimidating behavior, such as unwarranted yelling, threats of unjustified discipline, or threats of physical violence.
Many other types of negative conduct can be part of a hostile work environment if it is directed at you because of your age, gender, race, disability, or the fact that you are a member of another legally-protected category.Constructive Discharge
Sometimes harassment can be so bad that you have no choice but to resign. When this happens, it can five rise to a constructive discharge claim. However, the law generally requires you to make all reasonable efforts to keep your job before you can quit and successfully bring a constructive discharge termination claim.
You should not have to endure a hostile work environment at your job. If you have been harassed at your job, Rabner Baumgart Ben-Asher & Nirenberg can help. We represent employees whose legal rights have been violated. one of our New Jersey harassment attorneys can help.
You can call us at (201) 777-2250 or contact us by filling out our online form to schedule an initial consultation with one of our New Jersey harassment attorneys. For your convenience, we not only offer consultations in person at our main office in Montvale, New Jersey, but also by Zoom and telephone.