Derek Smith Law Group / Employment Law / Sexual Harassment / Sexual Harassment Attorney in New Jersey

Sexual Harassment Attorney in New Jersey

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TABLE OF CONTENTS

What Is Sexual Harassment in the Workplace in New Jersey?
What Are the Types of Sexual Harassment in New Jersey?
What Is the Statute of Limitations to File a Claim for Sexual Harassment in New Jersey?
Different Types of Sexual Harassment Cases We Handle:
Contact Our Experienced New Jersey Sexual Harassment Attorney for a Free Consultation

Sexual harassment in New Jersey is unwanted physical contact or comments against an employee or job applicant by a company CEO, supervisor or manager, fellow employee, associate, or client or non-employee.

This type of conduct is prohibited by law and if you are a victim of workplace sexual harassment you deserve justice.

For the past 25 years, New Jersey sexual harassment attorneys at Derek Smith Law Group have helped employees of workplace sexual harassment get the justice they deserve.

Schedule a Free Consultation with our Top New Jersey Sexual Harassment Attorneys.

What Is Sexual Harassment in the Workplace in New Jersey?

Sexual harassment in the New Jersey workplace is the unwanted physical contact or comments made to or about an employee or job applicant that makes it unbearable to continue working in the employment environment. This type of behavior can be performed by the CEO of a company, supervisor or manager, fellow employee or co-worker, business associate, client, or other non-employee. Sexual harassment:

Is a form of gender discrimination
Can be between people of the same sex
Can occur outside of the workplace, such as a work-sponsored event or function

Can be written or verbal
Can be a video, comic strip, joke, or general comment
It can be sexist comments such as “the woman’s place is in the kitchen” or “women are better at shopping than working.”
Can be retaliation for refusing sexual advances
Can occur at any point during a relationship
It can include gender-based terms, such as “Sweetheart,” “Hun,” “Honey,” “Babe,” etc.

What Are the Types of Sexual Harassment in New Jersey?

Sexual harassment claims in New Jersey are placed into two categories: quid pro quo and hostile work environment.

Quid pro quo. This type of claim means “this for that.” In other words, this is a favor or advantage granted or expected in return for a favor or “a favor for a favor.” A quid pro quo claim is when a CEO, supervisor, manager, client, or even a fellow employee, makes a sexual advance that they expect to be accepted because they are offering positive working conditions as a result. For example, a fellow employee can offer another employee the opportunity to take co-chair on a project in return for sexual favors. Retaliation can also be a quid pro quo action wherein an employee is treated unfairly because he or she did not accept the sexual advances.
Hostile Work Environment. This is unwanted sexual acts or comments that make working unbearable. This can be consistent jokes about gender or sex, continual touching that do not fall under the quid pro quo category. The key with a hostile work environment scenario is that the employee or job applicant must make it clear that the comments and contact are unwanted to either the harasser or a supervisor and the behavior continues.

What Is the Statute of Limitations to File a Claim for Sexual Harassment in New Jersey?

The Equal Employment Opportunity Commission (EEOC) oversees any Title VII claims. According to the EEOC, a victim of sexual harassment has a time limit of 300 days to file a claim in New Jersey for sexual harassment in the workplace. Once the EEOC receives the claim, they will conduct an investigation to determine if there is enough evidence to present a claim for sexual harassment under Title VII and issue a Right to Sue letter to the plaintiff.

The New Jersey Division of Civil Rights (DCR) oversees any LAD cases. The DCR gives a time limit of 2 years for an employee to file a claim of workplace sexual harassment in New Jersey.

Different Types of Sexual Harassment Cases We Handle:

What Laws Protect Employees from Sexual Harassment in a New Jersey Workplace?

Federal and New Jersey state laws protect employees from sexual harassment in the workplace. The federal law which protects employees is Title VII of the Civil Rights Act of 1964. This law prohibits employers of 15 or more people, supervisors or managers, co-workers, clients, and non-employees from sexually harassing an employee or job applicant.

The New Jersey Law Against Discrimination (NJLAD) prohibits employers of any size and their supervisors or managers, other employees, clients, and non-employees from sexually harassing an employee or job applicant.

What Evidence Is Needed to Prove Sexual Harassment in the Workplace in New Jersey?

Evidence can make or break your case for workplace sexual harassment in New Jersey. The more evidence you have, the better your case will be. Keeping well-documented notes can be the difference between a win and a loss. Document:

Each specific incident, including the time and date of the harassment
the people directly and indirectly involved in the sexual harassment
All offensive conversations or remarks, who made them, who they were made to
Emails or memos you have received
Complaints you made, when, to whom, what you said
The response to your complaint
Any reactions to the alleged sexual harassment
How the incident made you feel
How the incident affected work performance
How the incident affected your general well-being

What Are Examples of Sexual Harassment in the Workplace in New Jersey?

Sexual harassment does not have to be just physical contact or criminal sexual acts. Sexual harassment in the workplace in New Jersey can come in many forms. Here are some examples of workplace sexual harassment in New Jersey:

Refusal to hire a person because of gender
Wrongful termination of a person because of gender or sex
Retaliation against an employee who refuses sexual advances
Unwelcomed physical contact
Unwelcomed sexual advances
Sexually explicit jokes
Sexually explicit emails or statements
Sharing pornography or erotica
Continually asking an employee or co-worker for a date even after he or she refuses
Stalking
Criminal sexual acts, such as rape
Sexual gifts
Gay and Lesbian sexual advances
Same sex sexual harassment
Sexual orientation harassment
Sexist comments, such as stereotypes or using sexist names for others
Using offensive language towards a gender
Spreading false statements or stories about an employee or job applicant that refused sexual advances
Sexual bribery
Sexual Coercion

What Are the Remedies Available to Victims of Sexual Harassment in New Jersey?

If you are the victim of sexual harassment in New Jersey, it would make sense that you are interested in receiving justice through the courts. Some of the remedies available for sexual harassment benefits include:

Reinstatement of employment
Reinstatement of benefits
Back pay
Future pay
Reimbursement of medical expenses
Reimbursement of benefit premiums
Reimbursement of other related expenses
Attorney’s fees
Reassignment or termination of harasser
Pain and Suffering
Emotional Distress

Punitive damages which are damages meant to “punish” the employer and prevent the employer from permitting the same conduct in the future. Punitive damages are determined, in part, by the gross profits of the company, the nature of the action, and whether this is a first offense.

What Is the Statute of Limitations to File a Lawsuit Against a Public Place for Sexual Harassment?

Each state maintains its own statute of limitations to file a complaint about sexual harassment in a public place. New York City laws provide a time limit of three years to file a lawsuit.

Pennsylvania provides 180 days to file a complaint regarding public sexual harassment.

The New Jersey Law Against Discrimination allows victims of sexual harassment in public accommodations two years to file a complaint.

The Florida Civil Rights Act provides a four-year time limit to file a complaint relating to public harassment.

The California Unruh Civil Rights Act mandates any complaint be filed within two years of the harassment.

Testimonials

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

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How Long Will a Sexual Harassment Lawsuit Take to Close or Settle?

A sexual harassment lawsuit involves a process that can take 4 to 6 months to 1 year or longer, depending on several factors relating to the employer and his or her defense. If your employer is willing to negotiate a settlement in good faith and offer a fair figure to settle the case before it reaches a trial, the process may take as little as 4 to 6 months from the date of receiving the Right to Sue letter.

However, some employers will not offer settlements that are fair or refuse to settle the case at all. If that is the case, you will have to go to trial. Trial can take a year or longer for the preparation and discovery. Once you get to go in front of the judge and/or jury, you may need an additional few days to several weeks until a judgment is entered for your case.

A Few Things You Can Do Right Now

Contact a New Jersey sexual harassment attorney immediately.
If you have not been fired or quit, do not quit. This can hurt your case.
If your company has an HR department, file a complaint.
If your company has a policy or procedure to deal with sexual harassment, follow it. This will help your case.
Speak up and make it clear that the harassment is not acceptable, and you do not want it to continue.
Document everything. Make sure to note every incident, when and where it occurred, who was involved, and any witnesses to the incident.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced New Jersey Sexual Harassment Attorney for a Free Consultation

No employee or job applicant should be subject to sexual harassment in any employment decision, whether it be hiring, firing, benefits, training, compensation, promotions, or any other employment issue.

If you have been the victim of sexual harassment in New Jersey, the experienced attorneys at Derek Smith Law Group can help.

Our Attorneys

Are You Sexually Harassed? Take Legal Action Right Now.

If you experience any form of sexual harassment, our expert legal team is here to help you fight back immediately with strength. Please call us at 8800.807.2209 or email derek@dereksmithlaw.com.

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