A settlement agreement after a legal complaint

An employment contract at the time of hire

Allegations of workplace harassment or misconduct

What This Means for Sexual Harassment Cases

You can’t be forced into silence about sexual harassment at work.

Any agreement that tries to silence you may not be enforceable.

You still have the right to speak publicly, tell your story, or report the behavior.

What’s Still Allowed in Confidentiality Agreements?

Protecting trade secrets or company strategies

Keeping settlement amounts confidential (but not the harassment itself)

Preventing the employee from making false or defamatory statements

Restricting disclosure of personal information of other employees

Common Situations in Severance or Settlement Agreements

1. You're Offered Severance After Reporting Harassment

2. You're Asked to Sign a Settlement with a Non-Disclosure Clause

Fire or demote you for reporting harassment

Cut off severance because you refused a gag order

Threaten you for speaking publicly about your experience

Deny you benefits because you rejected a confidentiality clause

Tips for Employees Negotiating Severance or Settlements

Bars you from “discussing employment issues”

Prohibits “disparagement” even when truthful

Claims to apply to “all future claims”

Ensure you're not giving up protections without knowing it

Contact Us for Legal Advice and a Free Consultation

Sexual Harassment and Confidentiality Agreements: What's Legal in NJ?

Understanding Sexual Harassment Under NJ Law

Quid pro quo harassment — when job benefits are tied to sexual favors (e.g., “If you want a promotion, you need to go on a date with me.”)

Hostile work environment — when sexually offensive behavior makes the workplace intimidating, hostile, or abusive

What Types of Evidence Can Help Your Case?

Emails with inappropriate jokes, photos, or innuendo

Any communications where you set boundaries or ask the behavior to stop

Others who were also targeted by the same person

Managers or HR reps who heard your complaint

4. HR Complaints and Internal Investigations

Outcomes of your complaint (discipline, transfers, silence)

What Should You Do If You’re Being Harassed?

Document Everything — Keep a personal log and save any relevant communications

Review Your Employee Handbook — Understand the reporting process

Report It Internally — Tell your supervisor or HR in writing

Don’t Delete or Destroy Evidence — Even if it's uncomfortable, save it securely

Avoid Resigning Without Legal Advice — Leaving your job doesn’t mean you lose your rights

Talk to an Attorney — A sexual harassment attorney in New Jersey can help you assess whether you have a strong claim

<a href="https://rainn.org/resources">National Sexual Assault Hotline: Confidential 24/7 Support</a>

<a href="https://www.womenagainstabuse.org/get-help/resources/sexual-harassment-at-work-a-resource-for-survivors-and-allies">Sexual Harassment at Work: A Resource for Survivors and Allies</a>

What Evidence Do You Need for a Sexual Harassment Case in NJ?

Understanding Sexual Harassment: Gender Doesn’t Matter

What Sexual Harassment Looks Like for Male Victims

Requests for sexual favors in exchange for work benefits

Physical contact such as touching, hugging, or brushing against someone unnecessarily

Sexual jokes or innuendos directed at you

Discussions of sexual experiences meant to make you uncomfortable

Sharing of inappropriate photos or messages

Being mocked for being “too sensitive”

Being bullied for not fitting traditional male roles

Being targeted because you’re a man in a female-dominated workplace

Legal Protections for Male Victims in New Jersey

Prohibits hostile work environment and quid pro quo harassment

What Counts as Illegal Sexual Harassment?

What to Do If You’re a Male Victim of Sexual Harassment in NJ

The <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a>

The <a href="https://www.eeoc.gov/">Equal Employment Opportunity Commission (EEOC)</a>

You Deserve Respect and Legal Protection — No Matter Your Gender

Male Victims of Workplace Sexual Harassment: Rights and Legal Options in NJ

First, What Qualifies as Sexual Harassment?

Unwanted touching, groping, or sexual advances

Pressure to date or perform favors in exchange for advancement

Making someone’s gender or sexuality the subject of ridicule

Creating a sexually hostile or intimidating work environment

What New Jersey Law Says Employers Must Do

Investigate Promptly The employer must take the report seriously and begin a timely investigation. Ignoring or delaying action is not acceptable.

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.

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.

Maintain Confidentiality The process should be handled discreetly, with care for all parties involved. Spreading gossip or outing the reporter is unacceptable behavior.

Can You File a Complaint Outside the Company?

1. New Jersey Division on Civil Rights (DCR)

2. Equal Employment Opportunity Commission (EEOC)

Shift changes that hurt your personal life

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

Repeated invitations for dates after you’ve said no

Sharing sexually explicit images or stories

Making employment decisions based on sexual favors

Alcohol Can Blur Boundaries… But Doesn’t Excuse Harassment

Set clear expectations for professionalism

Monitor the event to address issues as they happen

A manager making sexual jokes or comments during a dinner

Coworkers cornering someone on the dance floor at a holiday party

Inappropriate touching during a “team bonding” game at a retreat

A supervisor pressuring an employee for sexual favors in exchange for promotions or projects

Sharing explicit photos or videos in a group chat created during the event, or <a href="/blog/how-social-media-dms-can-lead-to-sexual-harassment-claims-in-nj">sending inappropriate messages is sexual harassment</a>&nbsp;

Organized, hosted, or required attendance at the event

Knew or should have known harassment was happening and did nothing

Failed to train employees on harassment prevention

Didn’t investigate or address complaints afterward

What If the Harassment Comes from a Third Party?

What Should You Do If Harassed at a Work Event?

How Employers Can Prevent Harassment at Work Events

Establishing clear codes of conduct for events

Training staff and management on harassment prevention

Reminding employees of policies before events

Encouraging employees to speak up if they feel uncomfortable

What Remedies Are Available If Harassment Happens?

Compensation for lost wages if harassment affected your employment

Reinstatement if you were fired for reporting

Legal costs if you file a successful lawsuit

Punitive damages in extreme cases where employers acted with reckless disregard

Understanding Your Rights When Facing Sexual Harassment at a Work Event

It creates a hostile, intimidating, or offensive work environment.

It affects someone’s employment, including decisions on hiring, firing, promotions, or pay.

Social media platforms like Instagram, Facebook, or LinkedIn

A supervisor repeatedly messages an employee after hours with inappropriate comments about appearance or romantic interest.

A coworker sends sexually suggestive jokes or memes through private messages, even if meant as a “joke.”

A vendor or client contacts an employee through social media, making unwanted advances or commenting on their personal life in a way that feels invasive.

Can You File a Complaint Over Social Media Harassment?

Prevent retaliation against you for reporting it

Trust your instincts. If a message makes you uncomfortable, it’s worth paying attention to.

Don’t delete the evidence. Save screenshots and emails. They can be important if you need to prove what happened later.

Tell the sender clearly and firmly that their messages are unwelcome. This isn’t legally required, but it can strengthen your case.

Report it to your supervisor, manager, or HR. Document when you made the report and who you spoke to.

Consider talking to a sexual harassment attorney in New Jersey if the behavior continues or your employer doesn’t take your complaint seriously.

How Employers Can Prevent DM-Based Harassment

Update harassment policies to cover social media, texting, and personal devices used for work.

Train managers and employees on what digital harassment looks like and how to report it.

Make it clear that inappropriate behavior on any platform connected to work can result in discipline.

Respond quickly and fairly to any complaints involving social media DMs.

Retaliation for Reporting DM Harassment Is Illegal

Giving unfair negative performance reviews

Isolating or excluding the employee from projects or meetings

How Social Media DMs Can Lead to Sexual Harassment Claims in NJ

What Counts as Sexual Harassment in a Remote Setting?

Inappropriate video-call remarks — comments about someone’s appearance (“You look great in that robe”), lingering over a camera angle, or turning a casual meeting into sexual banter.

Flirty or explicit chats — Slack, Microsoft Teams, email, phone texts, or social-media DMs from a colleague or manager that cross from friendly to suggestive.

Unwanted screen-sharing — sharing an explicit meme or image during a group call.

Virtual “happy hours” gone wrong — after-hours video gatherings where alcohol leads to crude jokes or pressure to “loosen up.”

Digital stalking — excessive monitoring of an employee’s online status or requiring them to stay on camera unnecessarily.

False sense of privacy: People may type things they would never say in person.

Blurred boundaries: Home offices mix personal and professional spaces, making off-hours messages feel intrusive.

Fewer witnesses: Without crowded hallways, harassers think they can act unchecked.

Always-on tech: Slack pings and phone alerts can reach you long after 5 p.m., extending exposure.

FY 2023: The EEOC logged more than <a href="https://www.eeoc.gov/newsroom/eeoc-files-three-sexual-harassment-lawsuits">7,700 sexual harassment complaints</a> — the most in 12 years and almost a 25 percent jump from the year before.

FY 2018 – FY 2021: Over that four-year stretch, the EEOC tallied <a href="https://www.eeoc.gov/data/sexual-harassment-our-nations-workplaces#:~:text=Between%20FY%202018%20and%20FY%202021%2C%20the%20EEOC%20received%20a,27%2C291%20charges%20alleging%20sexual%20harassment.">27,291 sexual harassment charges</a>, accounting for nearly 28 percent of all harassment filings.

Who’s reporting: Women filed <a href="https://www.eeoc.gov/data/sexual-harassment-our-nations-workplaces">78 percent</a> of those claims, but men still made up more than one in five complaints — proof that harassment can affect anyone.

Screenshot chat messages, emails, or meeting logs.

Note dates, times, participants, and context of video-call incidents.

New Jersey Division on Civil Rights (DCR): File within 180 days of the last incident.

EEOC: File within 300 days; you’ll receive a “Right-to-Sue” notice if you want to proceed in court.


Clear policies that mention virtual misconduct.

Regular training emphasizing that chats and calls are professional spaces.

Multiple reporting channels — anonymous hotlines, email, direct managers.

Swift investigations including log reviews, interview transcripts, and IT audits.

Consistent discipline regardless of whether harassment is in person or onscreen.

Can Remote Workplaces Still Foster Sexual Harassment?

Quid pro quo harassment: This happens when a supervisor or person in authority demands sexual favors in exchange for job benefits — like a raise, promotion, or even just keeping your position.

Hostile work environment: This includes unwelcome conduct of a sexual nature — such as inappropriate comments, jokes, touching, or images — that creates an intimidating, hostile, or offensive work setting.

Step 1: Start Documenting What’s Happening

Who to contact (HR, a hotline, another supervisor)

Whether complaints can be made anonymously or confidentially

Sending a written complaint to Human Resources (HR)

Submitting a formal email to a designated contact person

Threaten your immigration status or personal safety

Step 5: File a Complaint with the State or Federal Government

1. <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">The New Jersey Division on Civil Rights (DCR)</a>

2. <a href="https://www.eeoc.gov/filing-charge-discrimination">The U.S. Equal Employment Opportunity Commission (EEOC)</a>

Determining whether company policy was followed

Disciplinary action against the supervisor

Compensation for emotional distress or lost wages

Sexual Harassment Complaints: It’s More Common Than You Think

In fiscal year 2023, the U.S. Equal Employment Opportunity Commission (EEOC) received over <a href="https://www.eeoc.gov/newsroom/eeoc-files-three-sexual-harassment-lawsuits">7,700 charges of sexual harassment</a> — the highest number in 12 years, marking a nearly 25 percent increase over the previous year

Between FY 2018 and FY 2021, the EEOC received <a href="https://www.eeoc.gov/data/sexual-harassment-our-nations-workplaces#:~:text=Between%20FY%202018%20and%20FY%202021%2C%20the%20EEOC%20received%20a,27%2C291%20charges%20alleging%20sexual%20harassment.">27,291 charges</a> related to sexual harassment

Among those filings, <a href="https://www.eeoc.gov/data/sexual-harassment-our-nations-workplaces">78 percent came from women</a> — though men also reported harassment, accounting for more than one in five charges

Many victims still come forward, even though underreporting is a major problem.

Harassment by supervisors makes up a significant share of these claims.

You’re Not Alone — And You’re Not Powerless

How to File a Sexual Harassment Complaint Against a Supervisor

The Law: What Counts as Sexual Harassment in NJ?

Tied to your work performance or treatment

Coming from a person with power or authority

Making you feel anxious, distracted, or unsafe

A manager repeatedly comments on your appearance or clothing

A coworker keeps asking you out after you’ve said no

Someone “accidentally” brushes against you often or invades your space

A team member makes jokes or innuendos in meetings

You’re excluded from projects or shifts for not responding to flirtation

A third-party coworker may feel left out or targeted

Rumors can spread, leading to discomfort or perceived favoritism

The Employer’s Duty: Prevention and Response

Clear policies. A written anti-harassment policy that defines sexual harassment, including examples of unwelcome flirting.

Training. Regular, mandatory training for all employees, supervisors, and managers on identifying and responding to harassment.

Reporting channels. Multiple, confidential ways for employees to report harassment—such as HR contacts, hotlines, or designated ombudspersons.

Prompt investigations. Swift, impartial inquiries into complaints, with documented findings and corrective action.

No retaliation. Safeguards to ensure employees who report harassment aren’t punished or ostracized.

Think Flirting in Your Office Has Gone Too Far?

Can Workplace Flirting Be Considered Sexual Harassment in NJ?

Repeated sexual jokes or inappropriate comments

Sharing sexual photos, memes, or messages

Leering, whistling, or commenting on someone’s body

Signs That You May Be Experiencing Sexual Harassment

You’re receiving inappropriate texts, emails, or messages from a coworker.

A colleague frequently comments on your appearance, clothing, or body.

You’re being asked out repeatedly after saying no.

People are sharing explicit jokes, memes, or videos in group chats or meetings.

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