How to File a Sexual Harassment Lawsuit in New Jersey

You deserve to work with dignity, respect, and safety. If you're reading this, you may have experienced something at work that made you feel uncomfortable, violated, or unsafe. You're not alone, and what happened to you matters.

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In New Jersey, statistics show that 1 in 3 women have experienced some form of sexual violence, and 1 in 6 women have experienced stalking.

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These numbers represent real people with real experiences—maybe experiences like yours. This should not be the norm, and you don't have to accept it as just "part of the job."

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New Jersey has some of the strongest worker protections in the country, and these laws exist specifically to protect you. If you’re going to work each day to put food on the table, you have rights. If they’ve been violated, it’s time to take action.

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In this article:

• When to Hire a NJ Sexual Harassment Lawyer
• Who Can You File a Sexual Harassment Claim Against in NJ?
• Damages or Compensation to Which You May Be Entitled
• How an Employment Lawyer Can Help
• Preparing for Your Legal Journey

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When to Hire a NJ Sexual Harassment Lawyer

Understanding when to seek legal help can feel overwhelming, but earlier consultation is always better. Text messages get deleted, emails disappear, witnesses forget details, and companies sometimes conduct internal investigations that can compromise crucial evidence.

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It’s time to seek legal help if you’ve:

• Experienced ongoing harassment that's escalating
• Gotten in trouble (or fired) for reporting harassment
• Considered resignation due to a hostile work environment

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It’s important to know that sexual harassment doesn't always look like what you see in movies. It can be subtle, persistent, or shockingly direct. If you’ve experienced a version of the scenarios below, you should consider getting help and hiring a lawyer to help obtain the justice you deserve:

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• For Waitresses: Your manager repeatedly brushes against you when passing behind the bar, touches your body without permission, makes comments about your appearance to other staff, or suggests that wearing tighter clothing might help your tips. You've noticed that speaking up results in reduced hours or being assigned to less desirable shifts.
• For Car Sales Professionals: The dealership owner constantly makes sexual jokes during team meetings, sends you inappropriate texts after hours, or tells you that "part of closing deals with male customers" involves flirting. 
• For Office Workers: A boss repeatedly asks you out despite your clear rejections, rubs your shoulders, or shares inappropriate images on company messaging systems. Your boss has created a work environment where sexual jokes and comments are normalized, making you dread coming to work each day.
• For Medical/Dental Assistants: A doctor you work with makes inappropriate comments about patients' bodies in your presence, touches you unnecessarily during procedures, or has made suggestions about meeting outside of work. 

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If any of these scenarios resonate with you, please know that what you experienced was not acceptable, and it was not your fault. You deserve to get help, and these situations require someone who understands both the legal system and the unique challenges you face.

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Who Can You File a Sexual Harassment Claim Against in New Jersey?

Understanding who can be held accountable is a critical piece of this process. In New Jersey, you can file a sexual harassment claim against:

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• Your direct employer (company, organization, agency)
• Individual harassers (supervisors, managers, owners)

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Employer liability standards exist to ensure companies can’t simply claim ignorance. Employers are responsible for training and overseeing their management team as part of running their businesses. 

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For coworker harassment, the constructive knowledge standard means employers can be held liable if they knew or should have known about the behavior and failed to take appropriate action.

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This means that even if your supervisor claims they "didn't know" what was happening, the law looks at what they should have known based on the circumstances. If harassment was obvious, ongoing, or reported through informal channels, your employer cannot escape liability by claiming ignorance.

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Damages or Compensation to Which You May Be Entitled

Sexual harassment affects every aspect of your life, and the law recognizes this. You may be entitled to several types of compensation:

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• Economic Damages: This includes wages you lost due to the harassment, time during which you are unemployed following unlawful termination, missed promotions or raises, medical expenses for therapy or counseling, and any other financial losses directly related to what happened to you.
• Non-Economic Damages: The emotional distress, anxiety, depression, and trauma you've experienced have real value. You deserve compensation for the pain and suffering you've endured, the way harassment has affected your enjoyment of life, and any damage to your professional reputation.
• Punitive Damages: In cases where your employer showed a deliberate indifference to your rights, the court may award punitive damages designed to punish the wrongdoer and deter future harassment.

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The amount of compensation depends on factors like the severity and duration of the harassment, how it impacted your job and earnings, your medical and psychological treatment, and the strength of your case.

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How an Employment Lawyer Can Help

Taking legal action requires courage, and it's normal to feel overwhelmed. Working with an experienced employment lawyer means having someone in your corner who understands both the legal system and the unique challenges you face. Here are a few concrete ways an ideal legal team can help:

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• Emotional Support: Provide confidential mental health support to help you recover from the stress and emotional strain of the situation.
• Case Evaluation: Assess your situation, identify all potential defendants and claims, and provide realistic expectations about the process and possible outcomes.
• Evidence Preservation: Gather and preserve crucial evidence before it disappears—emails, text messages, witness statements, and documentation that can help prove your case.
• Legal Navigation: Handle administrative pieces and court proceedings so you can focus on healing and moving forward.
• Settlement Negotiation: Evaluate settlement offers and negotiate terms that truly serve your interests, including knowing when to settle and when to proceed to trial.
• Maximizing Recovery: Ensure that all of your damages are properly calculated and that you receive every dollar you're entitled to under the law.

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Preparing for Your Legal Journey

Taking legal action requires courage, and it's normal to feel overwhelmed. Here's how to prepare yourself:

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1. Understand that litigation can be stressful, but you're not going through it alone. Continue therapy or counseling as needed, and build a strong support system of friends, family, and professionals who believe in you.
2. Document everything that happens, avoid posting about your case on social media, maintain professional behavior with current or former coworkers, and follow your attorney's guidance throughout the process.

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Take the First Step with a Sexual Harassment Lawsuit

New Jersey's strong worker protection laws exist specifically to protect women like you—women who work hard, deserve respect, and should never have to tolerate harassment as the price of earning a living.

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You have the right to work in an environment free from harassment. You have the right to report harassment without fear of retaliation. You have the right to seek justice and compensation for what you've endured.

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If you're ready to explore your options, the first step is a consultation with an experienced employment lawyer. Come prepared with any documentation you have, but don't worry if you don't have everything—we can help you gather what we need.

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Remember: you're not asking for special treatment or trying to cause trouble. You're simply asserting your legal rights and demanding the respect and dignity that every working person deserves.

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Your voice matters. Your experience matters. Your rights matter.

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