Work Cliques: Can They Legally Create a Hostile Work Environment in NJ?

Every workplace has its dynamics. Some teams click instantly. Others form tight circles that can leave some employees feeling left out. While it’s normal for people at work to gravitate toward colleagues they like, there’s a line where friendly groups — or cliques — can become something harmful. When cliques at work cross that line, they can contribute to a hostile work environment.

If you’ve ever felt excluded, bullied, or targeted by a clique at work, you might wonder: Is this just part of office culture? Or is it something the law protects me against? 

Let’s break down how New Jersey law looks at workplace hostility.

What Are Work Cliques?

A workplace clique is a group of employees who form a close-knit social circle, often excluding others. These groups may share lunch together, collaborate on projects, or support one another’s ideas — which, on its own, isn’t illegal or necessarily harmful. Problems arise when cliques:

• Consistently exclude or isolate certain employees
• Engage in gossip or spread rumors
• Use their influence to block others from promotions or projects
• Bully or undermine colleagues
• Make others feel unwelcome or unsafe

When this behavior affects someone’s ability to do their job or creates an intimidating or abusive atmosphere, it can cross the line from bad office politics to something more serious.

What Is a Hostile Work Environment?

Under the New Jersey Law Against Discrimination (NJLAD), a hostile work environment happens when an employee faces harassment that is:

• Based on a legally protected characteristic (like race, gender, age, religion, disability, sexual orientation, or national origin), and
• Severe or pervasive enough to make the workplace intimidating, hostile, or abusive.

In other words, law doesn’t cover every mean or unfair thing that happens at work. But while many people associate harassment with obvious physical or verbal abuse, it can also show up in subtler ways — like deliberately harsh negative performance reviews aimed at undermining an employee or pushing them out.

When workplace cliques in NJ use their power to harass someone because of who they are, and it disrupts that person’s work life — it may rise to the level of a hostile work environment.

How Can Cliques Contribute to a Hostile Work Environment?

Cliques can create a hostile work environment when their behavior targets employees in ways that are tied to protected characteristics under NJLAD. Here are some examples:

• Gender-based exclusion: A group of men routinely excludes women from important meetings or team outings, making sexist jokes when challenged.
• Racially motivated isolation: A clique of employees leaves out colleagues of certain racial backgrounds from group projects, lunches, or mentorship opportunities.
• Age discrimination: Younger employees form a clique that mocks older colleagues and pushes them out of collaborative efforts.
• Disability-related mockery: A clique makes jokes about a coworker’s disability and spreads rumors about their abilities or productivity.

When the exclusion or harassment affects someone’s job, advancement, or mental well-being, and is tied to discrimination, it could be a sign you’re in a hostile work environment.

What About General Exclusion Without Discrimination?

Sometimes cliques form simply because people share similar interests, and others feel left out. Maybe a group bonds over sports, video games, or hobbies, and naturally spends time together. Feeling excluded can still hurt — but unless the behavior is tied to discrimination against a protected trait, it usually doesn’t violate NJLAD.

In these cases, the issue may be one of poor workplace culture rather than illegal conduct. That said, companies should aim to create inclusive environments where all employees feel valued.

When Cliques Turn into Bullying

Bullying by a clique can create a toxic environment — even if it’s not technically illegal. Bullying could include:

• Spreading malicious rumors
• Publicly undermining or belittling someone
• Sabotaging someone’s work
• Excluding someone from meetings or communications needed to do their job

If the bullying is linked to a protected characteristic, it could violate NJLAD. Even if it isn’t, employers should take bullying seriously because it damages morale, productivity, and retention.

Employer Responsibility Under NJ Law

In New Jersey, employers have a legal responsibility to prevent and address harassment based on protected traits  and that includes harassment fueled by workplace cliques. If management is part of the clique and helps create a hostile environment, or if the employer knows about the problem but does nothing, they can be held liable under NJLAD. 

Remember: it’s not just a “tough boss” if the behavior creates a hostile work environment — it’s harassment. 

What Can You Do If You’re Facing a Clique-Based Hostile Work Environment?

1. Document the Behavior

Documenting a hostile work environment is your first step: write down dates, times, and specifics of incidents that concern you. Note who was involved, what was said or done, and whether anyone witnessed it.

2. Report Internally

Most companies have procedures for reporting harassment or workplace concerns. Consider raising the issue with HR or a supervisor, especially if the behavior involves protected characteristics.

3. Stay Professional

It’s hard, but try not to retaliate or engage in similar exclusionary behavior. Keep communications polite and focus on your work.

4. File a Complaint if Needed

If your employer doesn’t address the issue, you can file a complaint with the New Jersey Division on Civil Rights (DCR). You generally have 180 days from the last act of discrimination to file.

5. Consider Legal Advice

An hostile work environment lawyer in New Jersey can help you understand whether the behavior you’re experiencing qualifies as unlawful harassment and guide you on your options.

Signs a Workplace Clique May Be Crossing the Line

In the APA’s 2024 Work in America survey, 15% of respondents described their workplace as somewhat or very toxic. That number was even higher for people with cognitive, emotional, learning, or mental disabilities, with 24% reporting a toxic work environment.

Watch for these red flags:

• A clique consistently excludes people based on gender, race, age, or other protected traits.
• Gossip or rumors focus on someone’s protected characteristics.
• Work opportunities, promotions, or important assignments are given unfairly by clique members to each other.
• The clique creates or tolerates an environment of offensive jokes, slurs, or stereotypes.
• People outside the clique feel isolated, fearful, or stressed because of the group’s behavior.

If this sounds familiar, it may be worth raising with HR or seeking legal guidance from a hostile work environment attorney in New Jersey.

What Should Employers Do About Cliques?

Healthy workplace culture starts at the top. Employers can help prevent cliques from turning toxic by:

• Setting clear expectations for respectful conduct
• Providing training on diversity, inclusion, and anti-harassment
• Encouraging collaboration across teams and groups
• Responding promptly to complaints about exclusion or harassment
• Promoting fairness in assignments, promotions, and recognition

By doing so, companies can create environments where everyone feels they belong.

Fairness Over Favorites

Cliques don’t have to spell disaster. But when they cross the line into bullying or harassment — especially when tied to protected traits — they can create a hostile work environment and even violate NJ law.

If you’re dealing with a clique that’s making your workplace feel unsafe or unwelcome — be it in person or through digital communication — trust your instincts. Document what’s happening, report it, and don’t hesitate to get help. By standing up for fair treatment, you’re helping create a healthier, more inclusive workplace for everyone.