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.

<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>

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?

What Counts as “Wrongful” Termination?

Public policy (like punishing someone for reporting illegal activity)

When Social Media Firing Might Be Illegal

Contains hate speech, threats, or harassment

Violates the company’s social media or conduct policy

An employee posts a TikTok criticizing management practices. She’s fired. If her post raised issues of unlawful activity, it could be protected under CEPA.

A worker uses homophobic slurs in Facebook comments. The company fires him for violating its anti-harassment policy. This is likely legal.

An employee tweets about unfair pay at their job and encourages co-workers to speak up. If fired, this could violate the NLRA.

70% of hiring managers believe companies should check a candidate’s social media

67% already check candidate’s public profiles

57% of employers have come across something on a candidate’s social media that made them decide not to move forward with the hire

Know your company’s policies. If they have a code of conduct or social media policy, read it.

Check your privacy settings. Even “private” posts can be shared or screenshotted.

Avoid posting in anger. Take time to cool off before you publish that rant.

Never post confidential information. Even unintentionally leaking sensitive content can be grounds for firing.

Don’t assume parody protects you. Satirical or sarcastic posts still reflect on you and can lead to discipline.

Document everything: Save a copy of the post, any messages from your employer, and any write-ups or warnings.

Request a written reason: You have a right to know why you were let go.

Speak to a lawyer: An wrongful termination attorney in New Jersey can help determine whether your firing was legal, or if you may have a claim.

Think Before You Post, But Know Your Rights

Can Social Media Posts Get You Wrongfully Fired in NJ?

File a discrimination or harassment claim

1. The Agreement Was Signed Under Pressure

2. The Language Is Too Vague or Confusing

3. You’re Suing for Something That Happened After You Signed

4. The Agreement Tries to Waive Rights It Can’t

Non-disparagement clauses: Prevent you from saying anything negative about the company. Sometimes mutual, sometimes not.

Confidentiality provisions: Limit what you can share about the agreement itself or your employment experience.

Non-compete or non-solicit language: Restrict your ability to work in your industry after you leave.

Broad release of claims: May include claims you haven’t even thought of or discussed.

You may be entitled to more. Sometimes employers offer less than what you’re legally owed in wages, unused vacation, or final paycheck.

You may have a valid claim. If you were fired due to discrimination, retaliation, or another unlawful reason, you may be giving up the right to real compensation.

You may be signing restrictions. That “standard” agreement could limit your ability to work, speak out, or challenge future mistreatment.

Can You Still Sue After Signing a Severance Agreement?

Why It Matters: Employee vs. Independent Contractor

Employer-paid taxes like Social Security and Medicare

Protection under anti-discrimination laws

New Jersey’s “ABC Test” for Worker Classification

2. You’re Doing the Same Work as Employees

3. They Restrict You from Taking Other Clients

4. They Provide All Tools, Equipment, and Training

5. No Mention of Business Insurance or Taxes

Claim unemployment or workers’ compensation benefits

File a complaint with the New Jersey Department of Labor (NJDOL)

How to Take Action if You Suspect Misclassification

Suspect You're Misclassified? Talk to Someone Who Knows the Law

Independent Contractor vs. Employee: 5 Red Flags in Your Contract

Bonuses Are Not a Free Pass for Discrimination

Sales performance or other objective metrics

A woman is told her bonus is lower than a male colleague’s because he’s the “breadwinner” for his family.

A Black employee receives a smaller bonus than white colleagues, despite receiving the same performance reviews.

A worker returning from maternity leave is excluded from bonus consideration entirely.

New Jersey’s Equal Pay Law: A Quick Breakdown

It prohibits employers from paying employees less for “substantially similar” work, based on characteristics like gender, race, or ethnicity.

It applies to bonus pay, commissions, and other forms of compensation — not just base salary.

If your employer can’t justify a pay difference with legitimate business reasons (like seniority, merit, or education), the disparity may be unlawful.

Employees who win a claim may be entitled to up to six years of back pay — and triple damages.

Examples That Could Signal Discrimination

No bonus policy or one that isn’t followed consistently

Lack of transparency about how bonuses are calculated

Bonuses that only go to male, white, or able-bodied employees, even when roles are similar

Sudden changes in criteria that seem to penalize specific workers

Bonus decisions made by a single manager with a history of biased behavior

What to Do If You Suspect Bonus Discrimination

The New Jersey Law Against Discrimination (NJLAD)

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>

Can Bonuses Be Unequal? The Law on Extra Pay Discrimination

Recovering from a serious health condition

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

Certain situations involving a family member in the military

You're demoted, passed over for promotion, or reassigned to less favorable duties

Your performance reviews suddenly take a nosedive

You’re excluded from meetings or communication loops

You're given unrealistic deadlines or heavier workloads

You’re criticized for “not being committed enough”

You’re terminated shortly after returning

Has a history of discouraging or penalizing leave

Treats others who took leave the same way

What You Can Do If You Suspect Retaliation

Possible punitive damages if the retaliation was intentional and malicious

Retaliation Isn’t Always About Malice — But It’s Still Illegal

Or a job that’s equal in pay, responsibilities, and status

Employer Retaliation After FMLA Leave: What’s Illegal?

First, What Counts as Harassment by a Manager?

Making sexist, racist, or homophobic jokes or comments

Repeatedly criticizing or undermining you unfairly compared to others

Threatening your job for personal reasons or because of a protected trait

Retaliating after you file a complaint or report something illegal

Pressuring you for romantic attention or making unwanted advances

Isolating or excluding you from meetings, tasks, or opportunities

Harassment from the Top Happens More Than You Think

What You Can Do if Your Boss Crosses the Line

You’re Not Alone, and You’re Not Powerless

When You’re Ready to Talk, We’re Here to Listen

Manager Harassment: What to Do When the Boss Crosses the Line

The Basics: New Jersey Wage and Hour Laws

Minimum Wage: As of January 1, 2025, <a href="https://www.nj.gov/labor/lwdhome/press/2024/20241008_minwage.shtml">New Jersey’s minimum wage</a> is $15.49/hour for most workers.

Overtime: Non-exempt employees are entitled to time-and-a-half for hours worked over 40 in a week.

Pay frequency: Workers must be paid at least twice a month on regular paydays.

Final Paychecks: If you leave a job (voluntarily or not), you’re entitled to receive your final paycheck by the next regular payday.

Common Wage Violations in NJ’s Retail Sector

Asking workers to clock out and “finish up” unpaid

Averaging hours over two weeks to avoid hitting 40 in one

Misclassifying workers as salaried or “managers” to avoid paying overtime

2. Misclassification as Exempt or Independent Contractor

Has no control over hours, tools, or duties

Is economically dependent on the employer

Works under the direction and schedule of management

Liquidated damages (up to 200% of owed wages in NJ)

Reinstatement if you were fired for speaking up

Retail Doesn’t Have to Mean Exploitation

What Are the Common Wage Violations in NJ’s Retail Industry

What New Jersey Law Says About Gender Discrimination

Real Examples of Gender Discrimination Against Men

Can Men File Gender Discrimination Lawsuits in New Jersey?

That you are a member of a protected class (in this case, gender)

That you were qualified for the job or promotion

That you suffered an adverse employment action (fired, demoted, not hired, etc.)

That someone of a different gender was treated more favorably under similar circumstances

Harassment Is Still Harassment — No Matter Who It's Aimed At

Repeated “jokes” or comments that create a toxic environment

Comments about masculinity or sexual orientation

Being mocked for taking leave or showing emotion

What Should You Do If You Suspect Discrimination?

3. Talk to HR — But Proceed with Caution

File a claim 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>

Fear of being labeled weak or unprofessional

Worry that HR won’t take them seriously

Pressure to "tough it out" or be "one of the guys"

Gender Discrimination Doesn’t Play Favorites

Do Men Have Gender Discrimination Claims in NJ Too?

What Counts as a “Reasonable Accommodation”?

Modifying work schedules or allowing remote work

Providing assistive devices like screen readers or ergonomic furniture

Offering extended breaks or leave for treatment or recovery

Making physical changes to the workplace for accessibility

Providing written instructions or additional training time

Demoting, disciplining, or firing you for needing support

Can You Be Fired for Requesting an Accommodation?

Ask for documentation of your need (such as a doctor’s note)

Start an “interactive process” to determine what accommodations are possible

Offer an alternative solution that meets your needs in a different way

Deny you accommodations without explanation

Penalize, isolate, or terminate you for asking

Make assumptions about your ability to work based on your condition

Real-World Examples: When the Law Is Violated

What to Do If You Need a Reasonable Accommodation

That you have a disability covered by law

But What If My Employer Says It’s “Too Much”?

Why the accommodation would be too burdensome

Accommodations Shouldn’t Be a Career Risk

Request changes that help you do your job

Be treated with respect during that process

Need Guidance? Talk to Someone Who Gets It

Employment Law Insights & Resources

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