Discrimination in the work place is outlawed by Title VII of the Civil Rights Act of 1964 and New Jersey’s Law Against Discrimination (LAD) N.J.S.A. 10:51 et seq . When employment termination or activities are improperly based on race, age, sex or other protected class, there are remedies to protect you.
Lehmann v. Toys R Us, Inc. 132 N.J. 587 (1993) defined a four prong test to establish a cause of action for hostile work environment sexual harassment. The complained-of conduct:
- would not have occurred but for the employee’s gender; and it was
- severe or pervasive enough to make a
- reasonable woman believe that
- the conditions of employment are altered and the working environment is hostile or abusive.
When you consult with our attorneys about filing a sexual harassment claim, we listen carefully and address your concerns honestly. We offer recommendations about handling your job, if you are still employed. If you decide to move forward with filing a sexual harassment claim, we explain the process and discuss what might occur during the proceedings. We outline the compensation you might receive, such as a financial award, the restoration of your job, or a change in your workplace assignment. We ensure that you are well informed about your options before and during the legal proceedings. We fight for you, and charge no attorneys’ fees until you receive compensation.
Conscientious Employee Protection Act ( CEPA ) and LAD both protect employees from retaliatory action. To state a claim for retaliation in violation of LAD, plaintiff must show that: (1) she engaged in a protected activity known to employer, (2) the employer took adverse employment action after or contemporaneous with employee’s protected activity, and (3) a causal link exists between protected activity and adverse employment action.
It is important to consult a lawyer as soon as possible after an instance of sexual harassment or retaliation. As time passes, witnesses forget, filing deadlines expire, and the people involved may move on. To talk with an experienced sexual harassment lawyer, please fill out our Contact Form or call us at 609-645-1111 to learn more. We would be happy to arrange for a confidential free consultation.