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

You can quit your job at any time, for any reason.

Your employer can fire you at any time, for almost any reason — or no reason at all.

When a Firing Becomes Wrongful Termination

4. Workers’ Compensation or Disability Claims

“No Warning” Isn’t Always Illegal — but It Can Be Suspicious

Right after you filed a complaint or raised concerns

While others with similar performance weren’t treated the same

Without any prior issues or poor evaluations

Following a major life event, like a pregnancy or medical leave

Ask for a written explanation (even if they’re not obligated to provide one)

Document the circumstances around your termination

What to Do If You Were Fired Without Warning

You were fired shortly after filing a complaint or raising concerns

You were treated differently than co-workers in similar roles

You were let go after revealing a medical issue or requesting leave

The company violated a written or implied contract

Your termination came with a demand to sign a waiver or severance agreement without explanation

Lost wages (including back pay and front pay)

Reinstatement, though that’s less common

A spotless performance record followed by a sudden firing after you announce a pregnancy

A company restructuring that only seems to affect employees over 50

A glowing review followed by termination days after reporting harassment

Think You Were Fired Unfairly? You Might Have a Legal Case

Fired Without Warning? You May Have a Wrongful Termination Case

Whether unused vacation or PTO will be paid out

Health insurance continuation (<a href="https://www.dol.gov/general/topic/health-plans/cobra">COBRA</a>)

A release of claims (waiving your right to sue)

1. A Full Waiver of Legal Claims Without Understanding What You're Giving Up

Discrimination (based on race, gender, disability, etc.)

<a href="https://www.dol.gov/agencies/whd/fmla">Family and Medical Leave Act (FMLA)</a> violations

2. Overly Restrictive Non-Compete Agreements

Will I be locked out of my industry or forced to move to stay employed?

Is the language specific — or is it vague and open-ended?

3. Gag Orders or Broad Confidentiality Clauses

4. Agreeing Not to Sue for Things That Haven’t Happened Yet

5. Unpaid Wages or Benefits Being Used as Leverage

“We need this back by the end of the day.”

Why You Should Talk to a Severance Lawyer in NJ

What Should You Never Agree to in a Severance Agreement?

Workers’ compensation and unemployment benefits

Protection against workplace discrimination and harassment

Employer tax contributions (like Social Security and Medicare)

You wear a company uniform or follow detailed instructions about how to do your work

You perform the core duties of the business (like delivering for a delivery company)

You don’t work for other clients or operate a separate business

You’re paid hourly or regularly, not by project

You’re penalized for not accepting assignments

Legal remedies for discrimination or retaliation

Not Sure If You’re Misclassified? Let’s Talk.

Gig Worker or Employee? Why the Label Matters in NJ

Equal Title Doesn’t Always Mean Equal Pay

A co-worker with your title earns more, despite similar (or lesser) experience

Men and women in the same role are paid differently without clear reason

New hires start at a higher salary than long-time employees in the same role

Bonuses or raises go disproportionately to one group over another

You're discouraged from discussing pay or comparing compensation

It protects all protected classes under the <a href="https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf">New Jersey Law Against Discrimination</a> (not just gender)

It covers both public and private employers

It allows employees to seek up to six years of back pay

It bans retaliation for asking about or challenging pay practices

What Counts as “Substantially Similar Work”?

Performed under similar working conditions

Salary history traps: Women and people of color may start at lower salaries due to historic discrimination — and if future raises are based on those starting points, the gap only grows.

Negotiation disparities: Some employees are encouraged to negotiate, while others are discouraged — or penalized — for doing so.

Opaque pay systems: When employers aren’t transparent about salary ranges or criteria for raises, bias tends to go unchecked.

Rewarding visibility, not results: People who speak up more or are favored by management may get better raises, even if others perform equally well behind the scenes.

Start with your own records: Look at your pay history, performance reviews, and job description.

Compare notes: If others in similar roles are open to talking, learn what they’re making.

Document what you find: Keep records of pay differences, your responsibilities, and any HR conversations.

Ask for clarification: Sometimes, the disparity has an explanation. Ask your manager or HR for the rationale behind salary differences.

Trust your gut: If the answer doesn’t add up — or if you're retaliated against for asking—it may be time to talk to someone who knows the law.

What to Do If You Suspect Pay Discrimination

You’re Not Overreacting — Pay Gaps Are a Real Problem

How to Spot Pay Discrimination When Job Titles Are the Same

Is used as a condition of employment (known as "quid pro quo" harassment, like when a supervisor demands sexual favors for job advancement).

Does It Have to Be Ongoing to Be Harassment?

A racial slur shouted at an employee during a meeting

A supervisor making a sexually explicit comment directed at a new hire

A threatening remark about someone’s religion or nationality

A cruel comment mocking an employee’s disability in front of others

An email with offensive jokes targeting a protected group

A one-time off-color joke not directed at anyone in particular

A supervisor commenting on your outfit once, without further incidents

A co-worker making an ignorant (but not malicious) remark about a cultural tradition

A colleague asking a personal question that feels intrusive, but backs off when asked

You were subjected to conduct based on a protected characteristic;

The conduct was severe or pervasive enough to make your work environment hostile or abusive; and

The employer knew (or should have known) and failed to take appropriate action.

What Should You Do If Someone Crosses the Line?

You Don’t Need to Wait for Things to Get Worse

File a formal complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> within 180 days of the incident

File a complaint with the <a href="https://www.eeoc.gov/">U.S. Equal Employment Opportunity Commission (EEOC)</a> within 300 days

Speak to an attorney and pursue a civil lawsuit if your rights have been violated

Final Thought: Don’t Let One Comment Define Your Workplace

Not Sure If It’s Harassment? Talk to Someone Who Knows.

Can One Comment Be Workplace Harassment in New Jersey?

Feeling emotionally drained or mentally foggy

Losing interest in work you used to care about

Physical symptoms like headaches or stomach issues

A serious health condition that makes you unable to work

Caring for a spouse, child, or parent with a serious health condition

<a href="https://www.nj.gov/oag/dcr/downloads/fact-FLA.pdf">NJ Family Leave Act (NJFLA)</a>

<a href="https://www.nj.gov/labor/myleavebenefits/worker/tdi/">Temporary Disability Insurance (TDI)</a>

Refusing your leave despite proper medical documentation

Demoting or firing you for requesting time off

Cutting your hours or benefits after you return

Making negative comments that pressure you to stay

Help determine if your condition qualifies

Assist with paperwork and medical certification

Negotiate with your employer if leave is denied

Represent you in a retaliation or wrongful termination claim

Burnout Is Real — And So Are Your Rights

Can You Take FMLA Leave for Burnout in NJ?

What Count as a Wage Violation in New Jersey?

Unpaid minimum wage: New Jersey’s <a href="https://www.nj.gov/labor/lwdhome/press/2024/20241008_minwage.shtml">minimum wage increased to $15.49</a> per hour for most workers. Paying less than that is a violation.

Missed overtime: If you’re non-exempt and work more than 40 hours a week, you’re owed 1.5 times your regular pay.

Unpaid breaks or meal periods: Breaks under 20 minutes must be paid. Meal breaks over 20 minutes don’t have to be — but only if you’re completely relieved of duties.

Illegal deductions: Employers cannot deduct pay for uniforms, equipment, short shifts, or cash register shortages unless the worker expressly agrees in writing.

Unpaid commissions, tips, or bonuses: If your employer’s policy or a contract promises pay under certain conditions, that compensation must be honored.

Misclassified employees: Independent contractors are exempt from wage protections. But if an employer wrongly classifies you to avoid paying benefits, overtime, or minimum wage, that’s a violation.

<a href="https://www.nj.gov/labor/wageandhour/tools-resources/laws/">New Jersey Wage and Hour Law</a>: Governs minimum wage, overtime, meal and rest breaks, and some deductions.

<a href="https://www.dol.gov/agencies/whd/flsa">Federal Fair Labor Standards Act (FLSA)</a>: Covers minimum wage and overtime for most private and public employees.

Pay stubs or wage statements: These should detail hours worked, rate, deductions, and net pay.

Time records: Keep track of your own times: when you clock in/out, unpaid lunch breaks, or extra hours you worked.

Employment agreements or handbooks: Any written promises about pay, incentives, or schedules.

Communications: Emails, text messages, or notifications about hours, assignments, raises, or bonuses.

Notes: Jot down dates, times, locations, and what happened — especially for missed pay or incomplete compensation.

Step 1: File With the NJ Department of Labor

Online through NJDOL’s wage complaint portal

By mail or in person using the NJDOL Wage Complaint Form, available on their website

Employer’s name, address, and contact info

Nature of the violation (e.g., unpaid OT, minimum wage, late pay)

Supporting evidence (pay dates, amounts, emails, etc.)

Initial review: NJDOL ensures your complaint is valid and within the statute of limitations (you generally have two years for wage payment violations, five for minimum wage and overtime).

Employer notification: Your employer will be notified and given time to respond — usually a few weeks.

Investigation: May include reviewing records, interviewing you, your employer, and witnesses.

Resolution: If the NJDOL finds a violation, they’ll order your employer to pay the owed amounts — including unpaid wages and possible liquidated damages.

Collection: If the employer doesn’t pay, the NJDOL can place liens or garnish assets to collect your back pay.

New Jersey Law Against Discrimination (NJLAD)

File a civil lawsuit: You can sue in state court for unpaid wages, liquidated damages, and attorney’s fees.

Talk to a wage and hour attorney in New Jersey: Many work on contingency — meaning they get paid only if you do. A lawyer can assess what you’re owed and help build a case.

Wage claims: Typically two years, or three if it’s a willful violation.

Overtime/minimum wage: Two years; three if willful.

Retaliation claims: Typically six months from the last adverse action.

Unpaid overtime: Maria worked 45 hours a week but her pay stub only showed 40. The NJDOL ordered back pay and liquidated damages.

Illegal deductions: Jay’s employer deducted costs for a background check. NJDOL ruled the deduction was illegal and Jay received a refund.

Late pay: Lisa’s employer lost her direct deposit information and paid her a week late. NJDOL required timely correction and a small penalty.

Know your rights: You’re owed every hour you work, at the correct rate, and paid on time.

Keep records: Timesheets, pay stubs, emails — save everything.

Ask questions: Talk to HR or payroll when something seems off.

File a complaint: Online or on paper — just get it done.

Get legal help: If you face retaliation or a complicated situation, speak to a wage and hour lawyer in New Jersey.

Need Help Filing or Fighting for Your Wages?

How to File a Wage Complaint in New Jersey

An employer refusing to hire a qualified applicant after learning she’s pregnant

Asking illegal interview questions like, “Are you planning to take time off soon?” or “How far along are you?”

Rescinding a job offer after finding out about a pregnancy

Skipping over a candidate for a promotion or project due to assumptions about maternity leave

Employers cannot treat a job applicant less favorably because she is pregnant or may become pregnant.

They cannot make hiring decisions based on assumptions about how pregnancy or parental responsibilities will affect someone’s ability to work.

If the employer offers accommodations to other workers with medical conditions, they must offer the same to pregnant employees — this includes temporary schedule changes, lighter duties, or time off.

Signs You May Have Been Discriminated Against

You were highly qualified for the position, interviewed well, and received positive feedback — then suddenly rejected after mentioning your pregnancy.

The employer asked inappropriate or overly personal questions about your family, childcare plans, or medical needs.

You were offered the job, then the offer was pulled after a medical form or background check revealed your pregnancy.

The hiring manager made comments or jokes that hinted at stereotypes — like “we need someone who won’t be out for months.”

You were passed over while someone with less experience or qualifications was chosen.

“Are you pregnant or planning to be?”

“Will you need time off for maternity leave soon?”

“Do you have someone to take care of the baby while you’re at work?”

“How will you handle your duties while expecting?”

What to Do If You Suspect Pregnancy Discrimination

Worried You Were Denied a Job Because of Pregnancy?

Can an Employer Refuse to Hire You Because You’re Pregnant?

Crohn’s disease or irritable bowel syndrome (IBS)

Hearing impairments or vision loss (when not apparent)

How the NJ Law Against Discrimination Applies

Employers can’t fire, demote, or refuse to hire someone because of a disability.

They also can’t treat an employee less favorably just because they have a condition that affects how they work.

Employment Law Insights & Resources

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