Workplace harassment is unfortunately more common than you may think: 52% of employees have experienced or witnessed harassment in the workplace. For women working hourly or commission-based jobs in New Jersey, these experiences can feel particularly isolating, but you have more power and protection than you might realize. For example:
Sarah, a waitress at a popular restaurant in Trenton, thought she had to endure her manager's inappropriate comments about her body because she needed the tips to support her family.
Maria, who worked retail in Newark, believed no one would take her word against her supervisor, who kept cornering her in the stockroom.
Both women discovered they had rights—and more importantly, ways to prove what happened to them.
The challenge of proving workplace harassment lies not in the validity of your experience, but in understanding what evidence will strengthen your case. New Jersey's anti-discrimination laws are among the strongest in the nation, offering you broader protections than federal law provides.
In this guide:
Under New Jersey law, harassment that creates a hostile work environment must be either severe or pervasive. This means a single extremely serious incident can qualify, or a pattern of less severe but ongoing conduct can build a case.
The New Jersey Law Against Discrimination (NJLAD) often provides broader protection than federal Title VII standards, giving you more avenues for justice.
Example: Lauren's coworker at a financial services firm made sexual jokes daily and sent inappropriate texts after work hours. While each individual comment might seem minor, together they created a pattern that made her workplace unbearable. In contrast, when a delivery driver's supervisor physically grabbed her and made explicit sexual propositions during her first week, that single incident was severe enough to constitute harassment.
Documentation that strengthens your case includes performance reviews showing a decline after harassment began, medical records documenting stress-related symptoms, HR complaints and how the company responded, and calendar entries or personal journals with specific dates and details.
In our digital age, digital evidence carries significant weight. Social media posts where the harasser brags about his behavior, inappropriate messages on company communication platforms, emails with clear timestamps, and cell phone records showing the frequency of unwanted contact can all support your case.
Creating a harassment log becomes your most powerful tool. Record each incident's date, time, location, and witnesses. Describe what occurred with specific details—not "he made inappropriate comments," but "at 2:15 PM in the break room, with Jenny nearby, Mark said 'that uniform really shows off your assets' while looking at my chest."
Document your immediate response and feelings. Write down physical symptoms like headaches or difficulty sleeping, emotional effects such as anxiety or depression, and any impact on your work performance.
This contemporaneous documentation carries more legal weight than memories reconstructed months later.
When preserving communications, save emails and text messages properly by forwarding them to a personal account or taking clear screenshots. Back up evidence to personal devices the company cannot access or delete. Understanding your company's email retention policies helps you act quickly before potential evidence disappears.
Example: Carmen, who worked at a call center in Jersey City, kept a detailed log on her personal phone after her team leader began sending sexually explicit messages through the company's internal chat system. When she took screenshots immediately and noted how the messages affected her ability to concentrate during calls, she created a documented timeline that became central to her successful case.
Not having traditional evidence doesn't mean you don't have a case. Many successful harassment claims are built on circumstantial evidence and witness testimony.
You can strengthen your case by reconstructing events through available records—checking email timestamps, reviewing your work schedule against incidents you remember, and identifying witnesses who observed changes in your behavior or demeanor.
Sometimes the absence of evidence becomes evidence itself. If your company failed to follow its own harassment policies after you reported incidents, that failure can support your case. Evidence of retaliation after reporting—such as sudden schedule changes, increased scrutiny of your work, or exclusion from workplace communications—can demonstrate that your complaints were taken seriously enough to prompt a response, even an inappropriate one.
Medical or psychological treatment records can document the impact harassment had on your well-being.
When Jessica, a bartender in Atlantic City, sought counseling after months of a co-worker’s inappropriate behavior that her manager ignored, her therapy records helped establish both the severity of the harassment and her employer's failure to provide a safe workplace.
Working with an experienced attorney becomes crucial when evidence seems scarce. Through the legal discovery process, attorneys can subpoena company records you never had access to, take depositions from witnesses and the harasser under oath, and bring in expert witnesses who can explain how harassment typically occurs and affects victims.
Early consultation provides the most significant benefit. An attorney can guide you on preserving evidence before it's lost, help you understand your rights and legal options, and prevent you from taking actions that might inadvertently harm your case. Many women worry about the cost of legal consultation, but most harassment attorneys work on contingency, meaning you pay only if you win.
You need legal help immediately if your company is conducting an investigation into your harassment complaint. While this might seem positive, companies often prioritize protecting themselves over protecting you. Having an attorney ensures your rights are safeguarded throughout the process.
If you're facing retaliation for reporting harassment—such as reduced hours, assignment to less desirable shifts, or increased criticism of your work—you need immediate legal intervention. Retaliation is unlawful and often easier to prove than the underlying harassment.
If you're considering leaving your job due to harassment, legal counsel can help you understand whether you might have a claim for constructive discharge—being forced to quit due to intolerable working conditions.
Attorneys possess tools unavailable to you as an individual. They can access company records through legal discovery, employ professional investigation techniques, and apply their knowledge of legal standards and precedents specific to New Jersey law. What might seem like an impossible case to you could appear quite strong to an experienced harassment attorney.
Whether you have extensive documentation or are just beginning to gather evidence, remember that taking action—even small steps—represents a reclamation of your power.
The path forward may feel daunting, but you don't have to walk it alone. New Jersey's legal protections exist because lawmakers recognized that all workers deserve dignity and respect.
Your courage in seeking justice not only helps you heal but also protects other women who might face similar treatment in the future.
You deserve better. Your workplace should be a place of safety and respect. When it isn't, New Jersey law stands ready to help you fight back and reclaim the dignity that should never have been taken from you.
Reach out today to get the emotional and legal help you deserve.
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