What are my rights against workplace harassment in New Jersey?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), set the federal baseline.
2. State Statute & Agency. The New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-1 et seq., is enforced by the NJ Division on Civil Rights (NJDCR). The NJLAD covers all employers with 1 or more employees.
3. Standard for Hostile Work Environment. Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587 (1993), articulates the "severe or pervasive" standard under the reasonable-victim perspective. The NJLAD has not been legislatively lowered to NY-style "petty slights," though courts apply Lehmann's totality-of-circumstances analysis liberally.
4. Protected Categories. Race, creed, color, national origin, ancestry, age, marital status, civil union/domestic partnership status, affectional or sexual orientation, gender identity or expression, genetic information, pregnancy/breastfeeding, sex, disability, atypical hereditary cellular blood trait, military service, and nationality.
5. Quid Pro Quo vs Hostile Environment. NJLAD recognizes both. Aguas v. State, 220 N.J. 494 (2015), adopted the Faragher/Ellerth affirmative-defense framework while requiring robust anti-harassment policies.
6. Employer Liability. Strict liability for supervisor harassment with tangible action. Aguas requires the employer to have effective complaint procedures, training, and monitoring to invoke the affirmative defense.
7. Mandatory Training. New Jersey has no statewide harassment-training mandate, but Aguas practically requires it for the affirmative defense.
8. Filing Deadline. EEOC: 300 days. NJDCR: 180 days. Court actions under NJLAD: 2 years (Montells v. Haynes, 133 N.J. 282 (1993)).
9. NDA Restrictions. N.J.S.A. 10:5-12.8 (S121, 2019) makes unenforceable any provision in any employment contract or settlement agreement that conceals the details of a discrimination, retaliation, or harassment claim.
This is legal information, not legal advice.
- You are presented with an NDA covering harassment claims (likely void under § 10:5-12.8)
- Your employer lacks effective anti-harassment policies under *Aguas*
- You are within the 2-year LAD window but outside the federal 300-day window
- N.J.S.A. 10:5-1 et seq. (NJLAD)
- N.J.S.A. 10:5-12.8 (S121)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.