New Jersey Workplace Sexual Assault Lawyer
Workplace sexual assault and harassment can take a heavy toll on victims, both physically and mentally. Survivors may feel confused, hurt, and overwhelmed, regardless of whether the assault occurred recently or years ago.
In the workplace, sexual assault can include unwanted touching, groping, forced oral sex, and rape. Workplace sexual assault is considered sexual harassment, a form of employment discrimination that involves unwelcome conduct directed at an employee based on a protected characteristic like gender or sexual orientation.
While most harassment generally involves non-physical offenses like demeaning comments and inappropriate language, sexual assault involves non-consensual physical acts of a sexual nature. Unchecked workplace harassment can also develop into workplace sexual assault.
Have you experienced sexual assault or abuse?
Helping Survivors can connect you with an attorney if you may have a case. While we cannot report a crime on your behalf, your safety is important. Please contact your local authorities for further assistance.
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Author: Kathryn Kosmides
Survivor Advocate
- Workplace sexual assault occurs when an employee experiences unwanted touching, groping, or other non-consensual sexual acts by a colleague, supervisor, or third-party, such as a client or vendor.
- If you were a victim of sexual violence in the workplace, you have rights and legal options for holding the responsible parties accountable.
- At Helping Survivors, we work to educate assault and abuse victims on their legal rights and avenues for pursuing compensation via workplace sexual assault lawsuits.
Your Rights & Options: New Jersey Workplace Sexual Assault
New Jersey employees and independent contractors have the right to a workplace free from sexual harassment and assault. Still, workplace harassment is common, but rarely reported. According to the National Sexual Violence Resource Center, 38% of all women and 14% of men have reported experiencing sexual harassment at work. Most people who experience workplace harassment or abuse on the basis of sex never file a formal legal charge or an internal complaint, but it’s important to know that you have the right to both of those options.
Right to Report
The New Jersey Law Against Discrimination, or LAD, prohibits sexual harassment and gender-based discrimination in employment and protects workers regardless of the employer’s size, the job they do, or the language they speak. Workers also have the right to report harassment and assault to their employers or outside agencies without fear of retaliation from the employer.
While federal law protects New Jersey workers from sexual harassment, the LAD provides several additional protections. For instance, federal law only applies to employers with 15+ employees, but LAD has no size limit. Further, federal law only protects workers legally classified as employees, but LAD also protects independent contractors.
Protection Against Retaliation
Retaliation occurs when an employer penalizes an employee for asserting their workplace rights, such as speaking with HR or filing a legal complaint against the employer. Retaliation can include getting fired or demoted, being excluded from meetings, projects, or training opportunities, or getting transferred to a less favorable location or job role. New Jersey law protects workers from retaliation by their employer after reporting sexual assault or harassment, and survivors have the right to pursue claims without fear of losing their jobs or facing other penalties.
If you believe you are being retaliated against at work, you can speak to your supervisor or HR directly or report the retaliation to the Department of Labor & Workforce Development at 609-292-2305. The Department may be able to end the retaliation directly. With some exceptions, your identity and information will be protected from disclosure to your employer and others if you file a complaint.
- Your Rights & Options: New Jersey Workplace Sexual Assault
- The Legal Process for Pursuing a Workplace Sexual Assault Claim
- How to Choose a New Jersey Workplace Sexual Assault Lawyer
- Frequently Asked Questions About Workplace Sexual Assault Claims in New Jersey
- Consult a Workplace Sexual Assault Attorney in New Jersey
The Legal Process for Pursuing a Workplace Sexual Assault Claim
When filing a workplace sexual assault lawsuit in New Jersey, it’s important to initiate a complaint with your employer first.
Under New Jersey law, employers are obligated to take action to stop sexual harassment or assault if they are aware of it. If you report the abuse you’ve experienced and nothing is done, or your employer retaliates against you, you may be able to hold them legally responsible. You can also file a complaint with the New Jersey Division on Civil Rights and the federal Equal Employment Opportunity Commission.
Filing a Complaint with the Employer
An employer must take action to stop sexual harassment or abuse in the workplace if it knows or should have known about it, regardless of whether the harasser is a supervisor, colleague, or third party. Most companies have policies for filing internal complaints with supervisors or the human resources department—check your company’s policies before reporting.
Filing with the New Jersey Division on Civil Rights and the Equal Employment Opportunity Commission
New Jersey’s Law Against Discrimination prohibits employers from retaliating against workers for objecting to sexual harassment or assault, filing a complaint, or exercising any other rights under the law.
If retaliation occurs, you may be able to file a complaint with the New Jersey Division on Civil Rights or the federal Equal Employment Opportunity Commission. However, there is a time limit for these claims. In New Jersey, you must file a complaint within 300 days of the assault or harassment.
How to Choose a New Jersey Workplace Sexual Assault Lawyer
Consulting an experienced New Jersey workplace sexual assault lawyer can make the difference between a successful case result and dismissal of your claim. It’s crucial to choose a lawyer with experience, knowledge, and compassion to handle your workplace sexual assault lawsuit.
Experience with Workplace Sexual Assault Claims in New Jersey
When choosing an attorney, finding one with vast experience in New Jersey workplace sexual assault law is critical. Your attorney should be familiar with both state and federal law surrounding sexual harassment and assault.
Compassionate and Understanding Representation
It’s also important to search for a compassionate lawyer who understands the emotional and psychological toll of workplace sexual assault and who can offer a supportive environment during the legal process.
Frequently Asked Questions About Workplace Sexual Assault Claims in New Jersey
To support your workplace sexual harassment or assault claim, you will need various forms of evidence. This may include personal testimony, documentation of any harassing incidents that preceded the assault, witness testimonies from people who saw or heard the harassment or assault, and company records such as policies, previous complaints, and your personnel file.
Under federal law, victims have 180 days to file a charge of discrimination. You must pursue a charge through the EEOC before you can file a job discrimination lawsuit against your employer. However, this deadline is extended to 300 days if a local agency or state enforces a law prohibiting employment discrimination on the same basis. Thus, since New Jersey has the LAD, you typically have 300 days to file a charge.
If you receive a “right to sue” letter from the EEOC, you can file a civil lawsuit against your employer. You must file an employment discrimination suit within 90 days of receiving that letter.
The deadline for filing an assault case against the perpetrator is seven years from the assault date.
Compensation for a workplace sexual assault claim can range significantly, from a few thousand to hundreds of thousands of dollars. The compensation you may recover depends on the severity of the assault, whether the abuse was repeated, and whether your employer is also liable. You may pursue compensation for lost wages, medical expenses, emotional distress, pain and suffering, and more.
Consult a Workplace Sexual Assault Attorney in New Jersey
If you or a loved one experienced workplace sexual assault in New Jersey, you have legal rights and options.
At Helping Survivors, we work to inform survivors of their reporting options, provide resources, and make legal introductions to our partner law firms. These experienced firms can file civil lawsuits against the individuals and employers responsible for your assault to seek compensation for your suffering. Every law firm we work with provides free consultations and takes these types of cases on contingency, meaning there are no upfront costs to filing a claim.
As a survivor, you should feel empowered to assert your legal rights in full confidence. To learn more about your legal options as a survivor of workplace sexual assault in New Jersey, contact Helping Survivors today.
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