Is Your Employer Ignoring Sexual Harassment Reports? Your Next Steps in NJ

It’s one of the most frustrating and disheartening experiences a worker can face: you did the right thing by reporting sexual harassment, and your employer... did nothing. Maybe they brushed it off. Maybe they said it wasn’t serious. Maybe they promised to “look into it” but never followed up. Or maybe things got worse after you spoke up.

If this sounds familiar, it might qualify as workplace sexual harassment.

In New Jersey, the law protects workers not just from sexual harassment, but also from employer inaction and retaliation after a complaint is made. Whether you’re being ignored or punished for speaking up, it may be time to take the next step.

Let’s break down what your rights are, what your employer is required to do, and how to respond when they fail to act.

First, What Qualifies as Sexual Harassment?

Sexual harassment in the workplace can take many forms. It’s not limited to physical contact or overt threats: harassment can be verbal, visual, or written. It can come from a boss, a coworker, a customer — even someone you don’t work with directly.

Some common examples include:

• Unwanted touching, groping, or sexual advances
• Repeated sexual jokes or comments
• Leering, gestures, or suggestive emails
• Pressure to date or perform favors in exchange for advancement
• Sharing explicit images or videos
• Making someone’s gender or sexuality the subject of ridicule
• Creating a sexually hostile or intimidating work environment

To be considered harassment under the law, the behavior must be unwelcome, based on sex or gender, and severe or pervasive enough to make the workplace feel abusive or intimidating. Even workplace flirting can cross the line into sexual harassment when it’s not consentual.

What New Jersey Law Says Employers Must Do

The New Jersey Law Against Discrimination (NJLAD) requires employers to provide a safe, non-hostile work environment. That responsibility doesn’t go away when someone files a complaint — in fact, it becomes even more critical.

Here’s what employers are legally expected to do when harassment is reported:

1. Investigate Promptly The employer must take the report seriously and begin a timely investigation. Ignoring or delaying action is not acceptable.
2. Take Corrective Action If the complaint is found to have merit, the employer must take steps to stop the harassment. That could mean disciplinary action, reassignment, training, or termination of the harasser.
3. Protect the Reporter Employers are forbidden from retaliating against an employee who reports harassment — even if the claim isn’t ultimately substantiated. Retaliation includes firing, demoting, cutting hours, or creating a hostile atmosphere.
4. Maintain Confidentiality The process should be handled discreetly, with care for all parties involved. Spreading gossip or outing the reporter is unacceptable behavior.

If you file a sexual harassment complaint against a supervisor and your employer fails to respond appropriately — for example, by conducting a biased or superficial investigation — you may have legal grounds not only for the harassment itself but also for employer negligence or retaliation. 

What If Your Employer Is Ignoring You?

Silence can be just as damaging as direct retaliation. When you speak up and your complaint disappears into a black hole, it creates two problems: the harassment continues, and your workplace becomes even more stressful and unsafe.

If your employer is ignoring your sexual harassment report, there are steps you can take to protect yourself.

1. Follow Up in Writing

If you haven’t already, send a follow-up email to HR or your supervisor asking about the status of your complaint. Be polite but direct. Written communication creates a paper trail, which can be helpful later.

Example: "I’m following up on the sexual harassment complaint I submitted on [date]. I’d like to understand what steps have been taken and what protections are in place for me during this time."

2. Keep Your Own Records

Document everything. Keep a personal log of the original incident, your complaint, and your employer’s (lack of) response. Save emails, messages, and notes from conversations: social media DMs can be the evidence of sexual harassment if you decide to pursue a claim.

3. Check the Handbook

Most employers have internal complaint procedures in an employee handbook. If they failed to follow their own process, that’s another mark against them.

4. Talk to a Lawyer

It’s time to speak with a sexual harassment lawyer in New Jersey if you’re getting nowhere with HR. A lawyer can help you assess whether your employer’s response (or lack of one) violates NJLAD, and guide you through filing a legal complaint or lawsuit if needed.

Can You File a Complaint Outside the Company?

Yes — and many people do, when the HR is ignoring complaints, and the internal systems fail. Here are your options in New Jersey:

1. New Jersey Division on Civil Rights (DCR)

The New Jersey Division on Civil Rights is the state agency responsible for enforcing NJLAD. You can file a formal complaint online or in person. The complaint must be filed within 180 days of the last act of harassment or retaliation.

2. Equal Employment Opportunity Commission (EEOC)

You can also file a federal complaint with the Equal Employment Opportunity Commission. While the EEOC applies federal law, they coordinate with state agencies like the DCR.

You have 300 days from the last act of harassment to file with the EEOC if your employer is in New Jersey.

3. File a Lawsuit in Civil Court

Depending on the circumstances, you may choose to file a private lawsuit in New Jersey Superior Court. This route can often lead to stronger legal remedies, such as compensation for emotional distress, lost wages, or even reinstatement. A qualified sexual harassment attorney in New Jersey can help you evaluate your options and pursue the justice you deserve.

What Counts as Retaliation?

Retaliation can sometimes be obvious, like a demotion or firing. But often, it shows up in subtle and cumulative ways:

• Getting passed over for projects
• Sudden drop in performance evaluations
• Being left out of meetings
• Increased scrutiny or micromanagement
• Rumors or isolation from coworkers
• Shift changes that hurt your personal life

If any of this starts happening after you file a report, take it seriously. You may be experiencing retaliation — which is just as illegal under NJ law as the original harassment.

What If the Harasser Is Still There?

Unfortunately, some employers look the other way, and ignored harassment complaints in NJ are common — especially when the person accused is a high performer, senior manager, or long-time employee. If your company ignores your complaint, forces you to keep reporting to your harasser, or takes no meaningful action, that inaction itself could be considered a form of ongoing harassment. 

Sexual harassment isn’t confined to office walls. Remote workplaces can still foster sexual harassment. It may appear in direct messages, emails, or even video calls. If the behavior is unwelcome, connected to your job, and creates a hostile environment, it may still be illegal under New Jersey law.

You’re Not Alone

In 2024, the U.S. Equal Employment Opportunity Commission (EEOC) received more than 88,000 new complaints of workplace discrimination — a rise of over 9% from the year before. While the agency doesn’t report sexual harassment cases separately, sex-based discrimination, which covers sexual harassment, made up nearly one-third of all charges filed.

Sadly, you’re not the first person to be ignored. But you can be the one who holds the system accountable.

If you're currently facing sexual harassment and don’t feel safe reporting it just yet or need support to make that first step, here are some resources that may be able to help:

• National Sexual Assault Hotline: Confidential 24/7 Support
• Sexual Harassment at Work: A Resource for Survivors and Allies

You Don’t Have to Stay Silent

Sexual harassment damages your sense of safety and confidence, it can make you feel isolated, whether it’s another day in the office or an uncomfortable evening at a work event. Your employer has no excuses not to take it seriously.

Awareness around workplace harassment is on the rise. Nearly 7 in 10 U.S. adults say people who engage in sexual harassment or assault at work are more likely to face consequences today than they would have five years ago. And close to 60% believe that those who report such misconduct are now more likely to be believed than in the past.

You have the right to speak up, seek accountability, and help build a safer, more respectful workplace — not just for yourself, but for others who may face similar harm.

Take Back Your Voice

If your employer is ignoring your harassment complaint, it’s time to take the next step.

Consider speaking with an attorney who understands New Jersey’s sexual harassment laws. They can help you take your next step — filing a formal complaint, demanding action, or seeking justice through the courts.

Reach out today. Don’t let silence become complicity.