How to Prove Sexual Harassment in the Workplace Under New Jersey Law
Sexual harassment at work can be one of the most painful and isolating experiences for any employee. But under New Jersey law, victims have powerful legal tools to take action. Knowing how to prove a harassment claim is essential to getting the justice and protection you deserve.
At NJ Employment Lawyers, LLC, we help individuals across New Jersey—both women and men—successfully pursue claims of sexual harassment in the workplace. If you're unsure whether you have a case or what kind of proof you need, this guide will help you understand the basics.
What Qualifies as Sexual Harassment in the Workplace?
Sexual harassment typically falls into two main categories:
- Quid pro quo harassment – when a supervisor offers job benefits in exchange for sexual favors or punishes refusal.
- Hostile work environment – when inappropriate behavior creates an offensive, intimidating, or abusive workplace.
Examples include unwanted touching, sexual jokes or comments, lewd emails, or repeated unwelcome advances. The key element is that the behavior must be severe or pervasive enough to interfere with your ability to perform your job.
Legal Protections Under New Jersey Law
New Jersey’s Law Against Discrimination (NJLAD) provides some of the nation’s strongest protections against workplace sexual harassment. It applies to all employers—regardless of size—and covers employees, interns, and even independent contractors in some cases.
Importantly, NJLAD also protects you from retaliation if you report harassment, assist in an investigation, or take legal action.
How to Prove Sexual Harassment
To successfully prove a claim, you’ll need evidence that the harassment occurred and that it affected your work environment or employment status. Here's what to focus on:
- Document Everything: Keep a record of incidents with dates, times, locations, and descriptions. Save emails, messages, or voicemails.
- Identify Witnesses: Coworkers who saw or heard the harassment can support your claim.
- Report Internally: If your employer has a reporting process, use it. It shows that you gave them a chance to correct the issue.
- Keep Performance Records: Positive reviews or evidence of retaliation (e.g., demotions after a report) can be relevant.
- Consult Legal Counsel: An employment attorney will help you build a compelling case and navigate filing deadlines.
What If There’s No Witness or Physical Evidence?
Don’t worry—many harassment cases rely heavily on personal testimony. Courts understand that harassment often occurs behind closed doors. Your consistent, credible account, supported by circumstantial evidence or patterns of behavior, can still be powerful.
Filing a Legal Complaint
You can file a complaint with:
- The New Jersey Division on Civil Rights (DCR)
- The Equal Employment Opportunity Commission (EEOC)
- Or file a lawsuit directly in New Jersey Superior Court
Each option has its own deadlines and processes, which is why legal advice early in the process is so important.
How NJ Employment Lawyers, LLC Can Help
We are passionate about helping victims of workplace harassment reclaim their voice and their career. Our team offers:
- Confidential consultations and case evaluations
- Support during internal investigations and reporting
- Full legal representation during mediation, settlement, or trial
We will guide you through the legal process with care, strength, and the experience necessary to get results.
Don’t suffer in silence. Learn how to prove sexual harassment in New Jersey and begin the journey toward justice and resolution today.
Contact Information
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
(973) 358-7027