New Jersey Laws of Workplace Discrimination & Sexual Assault (LAD)
Anti-workplace discrimination laws are common nationwide. The New Jersey Law Against Discrimination, also known as the NJLAD or LAD, prohibits unlawful employment discrimination, including sexual harassment, in the workplace.
Under both federal and New Jersey laws, workplace sexual assault is a form of sexual harassment and discrimination. If you work in New Jersey and have been sexually assaulted at work, Helping Survivors can help you understand your rights and legal options. We can also connect you with an experienced New Jersey workplace sexual assault lawyer today.
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
- Federal law protects most employees nationwide from workplace discrimination based on protected characteristics, such as gender and race. However, New Jersey provides additional protections to workers under its Law Against Discrimination.
- The New Jersey Law Against Discrimination prohibits sexual harassment in the workplace, including extreme types like sexual assault.
- If you have experienced sexual assault in the workplace in New Jersey, Helping Survivors can help you understand your legal rights and options.
What is the New Jersey Law Against Discrimination, or LAD?
The New Jersey Law Against Discrimination, or LAD, prohibits employers from discriminating in any job-related action on the basis of specified protected characteristics, which include race, nationality, age, sex, disability, and more.
In 1945, New Jersey became the first state to enact this type of civil rights law, granting workers protections nearly 20 years before the federal Civil Rights Act was signed into law. The LAD has been updated several times since its enactment, including an amendment that prohibits age discrimination against workers of any age, not just those over 70 years old. Employers in the state are required to distribute LAD notices to all employees annually.
Who Is Protected Under the NJLAD?
Under the New Jersey Law Against Discrimination, workers are protected from discrimination based on any of the following characteristics: race, creed, color, nationality, ancestry, age, sex and gender, pregnancy, marital status, civil union status, domestic partnership status, sexual orientation, gender identity and expression, genetic information, and disability.
Unlike federal laws and laws in other states that only apply to employers with at least a certain number of employees, the NJLAD covers employees of almost every New Jersey employer, regardless of size.
Does the NJLAD Apply To Independent Contractors?
Generally, the NJLAD does not apply to independent contractors. However, many employers misclassify employees as contractors illegally. Thus, if you are concerned or have questions regarding an incident of sexual assault in the workplace as a contracted employee, seek legal advice immediately.
Under federal law, independent contractors are not covered by federal anti-discrimination laws. Figuring out whether you are an employee or a contractor can be complicated, so if you aren’t sure if you’re covered, you can reach out to the U.S. Equal Employment Opportunity Commission.
What Constitutes Workplace Discrimination under the NJLAD?
Discrimination and harassment can have extremely negative effects on both the impacted employee and the workplace as a whole. Under the NJLAD, employers are prohibited from engaging in any employment practice or procedure that treats an individual less favorably based on any protected characteristic. Employment actions covered by the law include the following:
- Recruitment
- Selection
- Hiring
- Training
- Promotion
- Transfer
- Assignment
- Layoff
- Return from layoff
- Termination
- Demotion
- Discipline
- Compensation
- Fringe benefits
- Working conditions
- Career development
The NJLAD covers sexual harassment. Retaliation against any employee who alleges they were the victim of workplace discrimination, harassment, or assault is prohibited. This covers any adverse employment action, including wrongful termination, pay cuts, and more.
What Constitutes Workplace Sexual Assault under LAD?
Workplace sexual assault falls under the broader umbrella of workplace sexual harassment in New Jersey and consists of any non-consensual physical contact of a sexual nature. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct when submission or rejection affects the victim’s employment or creates a hostile working environment.
Under New Jersey Law, there are two types of sexual harassment: quid pro quo and hostile environment. Quid pro quo sexual harassment occurs when an employment benefit, such as a promotion, is conditioned on sexual favors, or when an adverse action, such as termination, is threatened if the victim refuses a sexual advance. A hostile environment is formed when a worker is subjected to unwanted harassment based on gender that is “pervasive or severe.”
Employers are legally obligated to maintain a safe work environment free from sexual abuse. They must take reasonable steps to prevent and correct unlawful harassment. Employers must also investigate and report workplace sexual harassment and assault once they become aware of it under the NJLAD, regardless of whether a co-worker, supervisor, contractor, or customer engaged in the conduct.
How to File A Workplace Discrimination or Sexual Assault Complaint in New Jersey
If you have experienced workplace discrimination, harassment, or sexual assault in New Jersey, you have multiple options for reporting the misconduct or filing a complaint. You can start by filing an internal workplace complaint, typically with your supervisor or a human resources representative.
If the conduct continues, you may be able to file a complaint with the New Jersey Division on Civil Rights. The DCR enforces the New Jersey Laws Against Discrimination. However, you must file a complaint with the DCR within 180 days of the discrimination or assault. You may also be able to file an Equal Employment Opportunity Complaint by submitting a Discrimination Complaint Processing Form to the New Jersey Office of Diversity and Equal Opportunity.
In some cases, victims of workplace sexual assault may have grounds to file a lawsuit against both the perpetrator of the assault and the workplace if managers refused to meaningfully take action to stop harassment. Under New Jersey’s statute of limitations, a lawsuit over NJLAD claims must be filed within two years of the incident.
Helping Survivors can connect you with an experienced workplace sexual assault lawyer to evaluate your case.
What Damages Can I Recover Under LAD?
Under the New Jersey Laws Against Discrimination, you may be able to recover the following types of monetary damages through a workplace sexual assault claim:
- Economic damages, including back pay, front pay, benefits restoration, and out-of-pocket expenses resulting from discrimination
- Emotional distress
- Pain and suffering
- Damage to reputation
- Loss of enjoyment of life
- Mental anguish and humiliation
- Legal fees and costs
- Punitive damages if the employer acted maliciously or with a wanton and willful disregard of the employee’s rights
How Helping Survivors Can Assist Victims of Workplace Sexual Assault in NJ
At Helping Survivors, our mission is to help heal, educate, and empower survivors of sexual violence, including workplace sexual assault. We work to help them understand their reporting rights and legal options and connect them to partner law firms that can file civil lawsuits against the individuals, institutions, and workplaces that enabled the misconduct.
The workplace sexual assault lawyers that Helping Survivors partners with only take cases on a contingency fee basis, meaning there are no upfront costs for survivors. Our partners also offer free consultations.
If you have experienced a workplace sexual assault in New Jersey, contact us today to learn more about your rights and options.
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