If you are facing workplace harassment in New Jersey, or if you have been retaliated against for complaining of workplace harassment, you don’t have to suffer in silence. Attorney Chris Keating dedicates his practice to standing up for employees who have been wronged by their employers, including those who suffer harassment and hostile work environments based upon sex, race, disability, and membership in other protected classes.
Understanding Workplace Harassment in New Jersey
Workplace harassment is more than just rude behavior or office politics gone wrong. Under the New Jersey Law Against Discrimination (NJLAD), harassment becomes illegal when unwelcome conduct: (1) is directed at you because of your membership in a protected class and (2) is severe or pervasive enough to make a reasonable person believe that the conditions of employment were altered and that the working environment was hostile or abusive.
Keating Law Firm attorneys understand how overwhelming it can be when you’re facing unlawful harassment at work. The stress, the anxiety about your job security, the impact on your family—these are real concerns that deserve serious legal attention. You may require the services of an experienced employment attorney to guide you through your options and fight for the justice you deserve. Keating Law Firm prides itself on representing people like you in your unique and complex situation, every day.
What Makes Conduct Harassment?
Workplace harassment can take many forms, and it’s not limited to sexual harassment. Under New Jersey law, harassment includes any unwelcome behavior based on your:
- Race or color
- Religion or creed
- National origin, nationality, or ancestry
- Age (if you’re over 18)
- Sex,
- Pregnancy, childbirth, breastfeeding, and related medical conditions
- Marital status, domestic partnership, or civil union status
- Familial status
- Sexual orientation
- Gender identity or expression
- Disability (physical or mental)
- Genetic information
- Military service
Harassment can manifest as:
Verbal Harassment: Offensive jokes, slurs, epithets, derogatory comments, or inappropriate questions about your personal life—whether spoken in person, over the phone, or through digital communications like emails or texts.
Physical Harassment: Unwelcome touching, patting, pinching, grabbing, blocking your movement, or any other unwanted physical contact or intimidation.
Visual Harassment: Display of offensive images, cartoons, or materials, whether posted on walls, sent via email, or displayed on computer screens.
Environmental Harassment: Creating an atmosphere where you feel unwelcome, excluded, or targeted because of who you are.
Types of Workplace Harassment Claims
Sexual Harassment
Keating Law Firm represents employees facing sexual harassment in the workplace. Two common categories of workplace sexual harassment include:
Quid Pro Quo Harassment: This occurs when a supervisor or person in a position of authority makes employment benefits conditional on sexual favors. Examples include:
- A manager promising a promotion in exchange for sexual favors,
- A supervisor threatening termination for refusing sexual advances, or
- Making continued employment dependent on tolerating unwelcome sexual conduct.
Hostile Work Environment: This involves unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. This can include:
- Persistent sexual jokes or comments,
- Unwanted sexual advances,
- Inappropriate comments about your body or appearance,
- Display of sexually explicit materials, or
- Sexual propositions or requests for dates after you’ve said no.
One event of inappropriate conduct can be enough to establish a hostile work environment depending on the severity of the conduct.
Harassment Based on Other Protected Characteristics
Harassment isn’t limited to sexual conduct. Keating Law Firm represents clients who have faced harassment because of their race, sexual orientation, age, disability, and other protected characteristics. These cases can involve:
- Slurs, hate speech, or stereotyping based on race, sexual orientation, gender identity, or religion,
- Repeated comments about your age or exclusion from opportunities based on your age, or
- Disability-related comments concerning your ability to perform your job or your request for accommodations.
Retaliation: A Separate and Sometimes Stronger Claim
One of the most powerful protections under New Jersey law is NJLAD’s anti-retaliation provision. If you complained about discrimination or harassment—whether formally or informally—and your employer retaliated against you for complaining, you may have an additional legal claim even if the underlying harassment is difficult to prove.
Retaliation can include:
- Termination or demotion,
- Negative performance reviews or being placed on a Performance Improvement Plan (PIP),
- Changes in salary or denial of raises,
- Unfavorable transfers or changes in responsibilities,
- Increased scrutiny or micromanagement,
- Exclusion from meetings, projects, or workplace social events, or
- Social isolation or ostracism.
A crucial component of proving a retaliation claim is being able to establish that you complained of unlawful conduct. To that end, it is crucial to document your complaints and all retaliation that you suffer after making your initial complaint.
Why New Jersey Law Offers Superior Protection
When considering which claims to bring and where to file, an employee alleging discrimination must consider the strengths of bringing claims under the New Jersey Law Against Discrimination:
No Size Limits: Unlike some federal laws, which only cover employers with 15 or more employees, the NJLAD protects employees of all employers, even those with fewer than 15 employees.
Longer Statute of Limitations: You have two years to file a lawsuit consisting of NJLAD claims, compared to significantly shorter filing deadlines for federal statutes.
Uncapped Damages: New Jersey doesn’t impose caps on emotional distress or punitive damages, while some federal laws impose strict limits on these awards.
Individual Liability: Under New Jersey law, an employee can bring NJLAD claims against individuals personally for their role in aiding and abetting in unlawful discrimination and harassment, not just the company.
Broader Coverage: In some instances, NJLAD provides protections to independent contractors and others who are not considered employees.
Building Your Case: What Keating Law Firm Needs to Help You
When you visit Keating Law Firm for a free consultation, I’ll work with you to understand your situation and evaluate your potential claims. Here is what we are often looking for at the consultation stage:
Documentation is Critical
Detailed records are crucial. For your attorney’s review, consider creating a timeline of events that includes:
- Date, time, and location of each incident,
- Detailed description of what was said or done,
- Names of everyone involved, including witnesses,
- Your response to the incident,
- How the incident made you feel, and
- Whether any messages, emails, or recordings documented the incident.
Preserve All Evidence
Save everything that might be relevant to your case:
- Emails, text messages, and voicemails,
- Photos, videos, and audio recordings,
- Performance reviews and write-ups,
- Company policies, including the employee handbook,
- Any written complaints you’ve made,
- Hiring and termination paperwork, and
- Medical records and doctor’s notes, if applicable.
Witness Testimony
If coworkers witnessed the harassment or experienced it themselves, their testimony can be powerful evidence. Even if the harassment wasn’t directed at you personally, evidence of a pattern of harassment in the workplace can support your claim.
Thorough Investigation
At Keating Law Firm, an experienced employment law attorney will conduct a comprehensive investigation of your matter, which may include interviewing witnesses, preserving records, gathering and reviewing all relevant documents, and obtaining information and records from third parties.
Strategic Litigation
Each case is approached with a unique strategy customized to the facts and circumstances of your employment. Keating Law Firm will act with purpose and integrity as it pursues justice on your behalf. Your attorney will guide you through the litigation process and keep you informed and engaged by presenting you with options and recommendations on critical decisions throughout litigation.
What You Can Recover
New Jersey’s strong anti-harassment laws provide for comprehensive remedies:
Economic Damages
- Back Pay: Lost wages and benefits from the time of any adverse action
- Front Pay: Future lost earnings if returning to work isn’t feasible or if your next employer compensates you at a lower salary or hourly rate
- Lost Benefits: Health insurance, retirement contributions, equity and stock options, and other benefits
Emotional Distress Damages
Unlike federal law, New Jersey places no cap on emotional distress damages. These damages can be substantial in discrimination and harassment cases, and include compensation for: depression, anxiety, fear, anger, humiliation, embarrassment, financial distress, and other mental, emotional, and psychological conditions and physical manifestations thereof. You should advise your attorney during your consultation whether you are treating with a mental health professional related to the emotional distress damages you are suffering due to unlawful discrimination and harassment.
Punitive Damages
When an employer’s conduct is particularly egregious, New Jersey law may support an award for punitive damages designed to punish the wrongdoer and deter future misconduct.
Attorney’s Fees
If you prevail at trial, the employer may be compelled by the Court to pay your reasonable attorney’s fees and costs. The fee-shifting provision of the NJLAD may also help to offset some or all of the attorney’s fee you pay if you select a contingency fee arrangement.
Equitable Relief
Courts can order non-monetary remedies such as:
- Reinstatement to your job,
- Changes to company policies, or
- Compelling mandatory training for supervisors and employees.
Time Is Critical: Don’t Wait to Seek Help
New Jersey law gives you two years from the latest act of discrimination or harassment to file a lawsuit, but you should not wait to seek legal guidance. Evidence disappears, witnesses’ memories fade, and the harassment may continue or worsen due to inaction. If you believe you’re facing workplace harassment, contact Keating Law Firm immediately for a free, confidential consultation.
Why Choose Keating Law Firm
Personal Attention
When you work with an attorney at Keating Law Firm, you’re not just another file number. You’ll have direct access to your attorney throughout your case—from the initial consultation through trial if necessary. If you ever have a question or request an update, you will receive an answer.
Local Expertise
Attorney Chris Keating is an experienced New Jersey employment lawyer. He has deep knowledge of state and federal employment laws and regularly appears before judges in courthouses throughout the state, from Camden and Burlington Counties in southern New Jersey, to Hudson and Bergen counties in northern New Jersey. This local expertise empowers Keating Law Firm attorneys to be better advocates inside and outside of the courtroom.
Proven Track Record
Attorney Chris Keating successfully represents employees in discrimination and harassment cases throughout New Jersey, securing justice and meaningful results for his clients. Although attorneys can never guarantee specific results, you can count on Keating Law Firm fighting tirelessly to enforce your rights.
No Upfront Costs
Keating Law Firm handles harassment cases on a contingency fee basis. If you select a contingency-fee option, Keating Law Firm does not collect any legal fees unless there is a settlement or a favorable verdict. This ensures that financial concerns never prevent a potential client from hiring Keating Law Firm and seeking the justice they deserve.
Compassionate Advocacy
Attorney Chris Keating understands that harassment cases involve more than just legal issues—they involve real people going through difficult times. Keating Law Firm attorneys will always treat you like a person, and never like you are simply another file.
Take Action Today
Don’t face workplace harassment and unlawful retaliation alone.
Call Keating Law Firm today at (856) 519-5011 for a free, confidential consultation.
Located at 7 East Main Street, Suite 2A, Moorestown, NJ 08057, Keating Law Firm serves employees throughout New Jersey who have been subjected to workplace harassment and discrimination. Contact attorney Chris Keating today to schedule your free consultation.