Is Persistent Flirting by a Client Sexual Harassment in NJ?

You do not need to work for someone to be harmed by them at work. That’s the reality of client-facing roles. Sales, health care, professional services, hospitality — the customer or client walks in with leverage. 

When that leverage turns into repeated, unwanted flirting, the question becomes urgent: is persistent flirting and creepy compliments from a client counts as sexual harassment, and what are your options if your employer will not step in?

Below, we break down what counts as illegal harassment, how state rules work, what evidence matters most, what to do next, and how a sexual harassment lawyer in New Jersey can help you to protect yourself.

Why New Jersey Law Is Especially Protective Against Sexual Harassment

New Jersey’s Law Against Discrimination is one of the strongest in the country. It prohibits harassment based on sex — and that includes sexual harassment of men, women, or nonbinary individuals — along with many other protected traits. The law applies broadly, often more broadly than federal law, covering small employers and, in many cases, independent contractors.

A few New Jersey-specific points matter here:

• “Severe or pervasive” can be met by one serious incident (for example, a sexual assault or highly coercive conduct) or by a pattern of repeated unwelcome flirting that undermines your ability to do your job.
• Employers can’t buy silence. Under NJLAD, New Jersey restricts settlement terms that would bar you from discussing the details of discrimination, harassment, or retaliation claims.
• You are protected from retaliation for making a good-faith complaint of harassment, cooperating in an investigation, or opposing unlawful practices. 

While federal law like Title VII also prohibits harassment and recognizes employer liability for customer harassment when the company knew or should have known and failed to act, the state-law toolbox in New Jersey is often more favorable to employees.

Common Signs That “Flirting” In NJ Has Become Illegal Harassment

Sexual harassment in New Jersey includes unwelcome conduct based on sex that is severe or pervasive enough to make a reasonable person view the workplace as intimidating, hostile, or abusive. This can be a single serious incident or a pattern that builds over time. It is not limited to in-person encounters: improper social media DMs also count when unwanted contact spills into your work life. 

Unwanted flirting by a client is still viewed as harassment in NJ, because third-party conduct can create the same hostile environment as if it came from a coworker or supervisor. 

Many cases are built on accumulation: the drip-drip that becomes a hostile environment.

• You Have Said No — And It Keeps Happening. If you declined a lunch or stated you are uncomfortable with personal remarks, and the client keeps pushing, that repeated contact helps show pervasiveness. Keep a running log with dates and summaries.
• The Client Targets You But Acts Professionally With Others. A repeated pattern of behavior can cross the line into harassment — for example, texting you after hours, making comments about your appearance, insisting on unnecessary physical closeness, or even cornering and blocking you during company gatherings. This kind of harassing behaviour at work events can also include unwanted requests for hugs or ignoring your clear “no” to casual touching.
• Your Job Becomes Harder Or Riskier. You dread client meetings, ask coworkers to take your calls, or avoid locations to minimize contact. The law looks at whether your ability to work is affected.
• Your Employer Waves It Off. If you report the behavior and get “That’s just how they are,” “We can’t lose this account,” or “Try to be friendly,” that response can strengthen a negligence theory. The obligation is to act, not to shrug.

Under NJLAD, courts look at the totality of the circumstances — frequency, severity, whether the conduct was humiliating or physically threatening, and whether it interfered with your work. Even unwanted or persistent flirting counts, because the law does not excuse behavior simply because it looks “innocent” on the surface. 

Keep screenshots, dates, times, and witness names. Save meeting invites, call logs, and travel receipts that show proximity and frequency. If your employer fails to protect you, a sexual harassment attorney in New Jersey can help you understand your rights and take action.

What To Do First If A Client’s Flirting In NJ Becomes Harassment

You shouldn’t have to navigate this alone. The goal is to stay safe, protect your job, and put the responsibility where the law puts it: on your employer.

• Set a professional boundary in writing if you feel safe doing so. A short, neutral message like, “Let’s keep our interactions focused on the project — I’m not comfortable with personal comments,” is enough.
• Notify your manager or HR immediately — in writing. Report that the conduct is unwelcome and interfering with your work. Ask for concrete steps: a colleague in meetings, reassignment, or client coaching from a senior manager.
• Offer practical solutions that preserve the business while protecting you (for example, “I prefer email only with a manager CC’d”). This shows good faith and puts the onus to act on the employer.
• If you experience retaliation, report it right away. Retaliation can be obvious (cut hours, termination) or subtle (bad reviews, being iced out). Both are unlawful when tied to your complaint.

If you’re facing sexual harassment by a client in NJ and don’t feel safe bringing the unwanted flirting to your manager or HR, you’re not alone. Many employees worry about retaliation or not being believed. The good news is that there are confidential resources available to support you while you build the courage:

• National Sexual Assault Hotline – 24/7 confidential support and guidance
• Sexual Harassment at Work – a resource hub for survivors and allies

If Your Employer Doesn’t Act: Where And When To File A Complaint In New Jersey

If you’ve reported client harassment and the company shrugs, delays, or punishes you for speaking up, New Jersey gives you several paths:

• File with the New Jersey Division on Civil Rights (DCR). You generally must file within 180 days of the discriminatory act. DCR investigates, can pursue administrative remedies, and may transfer the case to the Office of Administrative Law after 180 days from filing at your request.
• File in state court under NJLAD. The general deadline is two years from the last discriminatory or retaliatory act, with nuances for continuing hostile environments. Court remedies may include back pay, emotional distress, and sometimes punitive damages and attorneys’ fees.
• Dual-file with the EEOC if federal Title VII also applies (typically 15+ employees). The EEOC’s general filing window is 300 days in New Jersey due to state–federal work-sharing, but confirm specifics with counsel.

You can talk to an attorney early to pick the right venue and protect deadlines.

You Don’t Have To “Take It” For The Business

You are not required to endure persistent flirting, boundary-testing, a hostile joke culture, or worse to keep a client happy. New Jersey law makes clear that harassment isn’t limited to what happens between coworkers — employers also have a duty to step in when customers or clients cross the line.

In 2024, the Equal Employment Opportunity Commission logged over 88,000 workplace discrimination complaints — a reminder of how common these issues still are. 

At the same time, public perception is changing. Recent surveys show that roughly 70% of U.S. adults believe people who commit sexual harassment or assault at work are more likely to face consequences today than they were five years ago.

Your employers cannot simply look the other way; they must act to protect employees, even if it means addressing a difficult client relationship. If you’re facing this kind of treatment, remember that you don’t have to go through it alone. The law gives you the right to a workplace free from harassment, and those protections are designed to be enforced.

Your Workplace Rights Matter — Contact Us For Free Legal Consultation

If you’re dealing with a client who won’t stop the “flirting,” or if your employer ignored your complaint or punished you for raising it, we can help. Our team handles sexual harassment and retaliation matters, including third-party harassment cases.

We’ll review your facts, explain your options under NJLAD and federal law, and help you pursue the protection and remedies you deserve — while keeping your work and well-being front and center.

Contact us for legal advice and a free consultation.