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?

Constant criticism or belittling in front of others

Excluding someone from meetings or team activities

Setting someone up to fail (unrealistic deadlines, withholding information)

Making sexist, racist, or homophobic comments

Targeting someone for jokes or insults based on a disability or religion

Unwelcome sexual advances, comments, or contact

Repeated derogatory remarks based on age, gender identity, or national origin

Retaliating against someone who complains about discrimination

Bullying vs. Harassment: The Key Differences

Targets a protected trait under the NJLAD, and

Creates a hostile work environment that affects your ability to do your job

A supervisor making repeated sexual jokes

Constant mocking of someone’s disability

Repeatedly excluding someone based on gender identity

What to Do If You’re Facing Bullying or Harassment in NJ

Reinstatement (if you were wrongfully fired)

Do You Suspect Harassment? Talk to a Legal Professional.

What’s the Difference Between Bullying and Harassment in NJ? Key Differences.

Is It Legal to Talk About Your Salary in New Jersey?

What Laws Protect Your Right to Discuss Pay?

2. New Jersey Law Against Discrimination (NJLAD)

Employees can’t be prohibited from discussing their own pay

Employers can’t retaliate against workers who ask about or share salary information

Workers who face retaliation may have grounds for a legal claim

Why Some Employers Still Try to Keep Salaries Secret

“It’s against company policy to talk about wages.”

“Talking about your salary could get you in trouble.”

What You Can — and Can’t — Do Legally

Share your salary information voluntarily

Access payroll records or sensitive HR data you’re not authorized to see

Demand someone else share their salary if they don’t want to

Disrupt business operations while having these conversations

Assume retaliation is okay — it’s illegal, but it still happens, so document everything

What If You Face Retaliation for Talking About Pay?

<a href="https://bias.njcivilrights.gov">New Jersey Division on Civil Rights (DCR)</a> – for discrimination or retaliation

<a href="https://www.nlrb.gov">National Labor Relations Board (NLRB)</a> – for NLRA violations

Reinstatement, if you were wrongfully fired or demoted

Back pay or lost wages for the income you missed due to retaliation

Compensation for emotional distress caused by a hostile or unfair work environment

Legal fees and court costs, so you’re not left paying out of pocket for standing up for your rights

Policy changes within your workplace to protect future employees and promote wage equity

Worried About Talking Pay at Work? We’ve Got Your Back.

Is It Legal to Discuss Salaries with Co-Workers in NJ? 

A woman being told she’s “not aggressive enough” for a leadership role

A man being passed over for a role in HR or caregiving fields based on stereotypes

A nonbinary employee being excluded from internal advancement conversations

Women being given more administrative work but fewer high-profile projects

Promotions going to men with less experience or education

Offer different opportunities to equally qualified employees based on gender

Use gender stereotypes to justify promotion decisions

Retaliate against employees for speaking up about unfair treatment

Common Signs of Gender Bias in Promotions

1. You’re Doing the Work — But Not Getting the Title

2. The Same Type of Person Always Gets Promoted

3. Stereotypes Are Used to Justify Decisions

4. You’re Asked About Family Plans or Childcare

5. Talk to a Gender Discrimination Attorney in New Jersey

Job reinstatement or reconsideration for promotion

Policy changes or training requirements within your company

Feeling Stuck in Your Career Because of Gender Bias? You Deserve Better

Gender Bias in Promotions: What You Can Do About It in NJ

Disability Rights in New Jersey: A Quick Overview

Musculoskeletal issues (e.g., arthritis, back injuries)

Chronic illnesses (e.g., diabetes, epilepsy, HIV/AIDS, cancer)

Mental health conditions (e.g., anxiety, depression, PTSD)

Sensory impairments (e.g., blindness, deafness)

Temporary conditions, if they significantly limit function

Examples of Disabilities Recognized Under NJLAD

Migraines (if severe and medically documented)

Post-surgical recovery (if it limits physical activity)

COVID-19, long COVID, or related conditions — if medically documented

Your Rights as a Person With a Disability in New Jersey

What If You’re Denied an Accommodation or Treated Unfairly?

Need Help Understanding Your Disability Rights in New Jersey?

What Qualifies as a Disability Under NJ Law? Everything You Need to Know

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

Military caregiver leave or exigency leave related to active duty

Your employer has 50 or more employees within a 75-mile radius

You have worked for your employer for at least 12 months

You have worked at least 1,250 hours during the 12 months before your leave

Bonding with a newborn or newly adopted child

Caring for a family member with a serious health condition

What Does “Denied FMLA Leave” Really Mean?

Your employer tells you that you’re not eligible — even though you meet all the requirements

You’re pressured not to take leave, or told your job won’t be waiting when you return

You’re fired, demoted, or penalized for requesting leave

Your employer delays or ignores your leave request

Your benefits are reduced or revoked while you’re on leave

“If I take FMLA leave, my boss can replace me.” False. Your employer must hold your job — or a similar one — while you’re on FMLA leave.

“I can’t take FMLA if I haven’t worked there full-time.” False. Eligibility is based on hours worked (1,250 in the past 12 months), not full-time status.

“FMLA leave has to be taken all at once.” False. You can take leave intermittently in certain situations — like for medical treatments or caregiving.

<a href="https://www.dol.gov/agencies/whd">The U.S. Department of Labor – Wage and Hour Division</a>

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

Denied FMLA Leave in New Jersey? Know Your Legal Rights

Employer-paid health insurance or retirement contributions

How New Jersey Defines “Employee” vs. “Independent Contractor”

Are you free to set your own hours and methods?

Are you doing work that’s unrelated to the company’s main business?

Do you run your own business doing this kind of work for others, not just for them?

Examples of Misclassification in New Jersey

Healthcare (especially nurses and home health aides)

Gig work (rideshare, food delivery, freelance labor apps)

You’re required to work specific hours or shifts

You report to a manager or supervisor regularly

You’re trained by the company or must follow strict procedures

You use tools, equipment, or uniforms provided by the company

You’re not allowed to subcontract or take on other clients

You’re paid by the hour, not by the job or project

Taxes are not withheld from your paycheck — and you’re given a 1099 form instead of a W-2

What Are Your Rights If You’ve Been Misclassified?

Unpaid overtime: If you worked more than 40 hours in a week, you may be entitled to “time-and-a-half” pay

Minimum wage: If you were paid below New Jersey’s minimum wage (<a href="https://www.nj.gov/labor/wageandhour/support/faqs/wageandhourworkerfaqs.shtml">currently $15.49/hour in 2025</a>), you may be able to recover the difference

Reimbursement for work expenses: Employees shouldn’t be forced to pay for their own tools, mileage, or uniforms

Back pay and benefits: Including sick leave, family leave, or unemployment

Damages and penalties: Under New Jersey law, you may be entitled to double the unpaid wages and your employee vs contractor lawyer’s fees

What to Do If You Think You’ve Been Misclassified

Emails, contracts, or messages about your job

Anything that shows how much control the company has over your work

Can I Be Fired for Reporting Misclassification?

Think You’ve Been Misclassified as an Independent Contractor in NJ? Let’s Figure This Out.

Misclassified as an Independent Contractor in New Jersey? You May Be Entitled to Compensation

A minimum wage (currently $15.49 per hour for most workers as of 2025)

Time-and-a-half pay for overtime after 40 hours in a workweek

Rules for recordkeeping and pay transparency

Protection from retaliation if you speak up about unpaid wages

Have I ever worked through breaks or after hours without pay?

Was I told I’m exempt without being given a clear reason?

Do I receive any written record of my hours worked?

What to Do If You’re Not Getting Paid Properly

Can I Get Fired for Reporting a Wage Violation?

Being excluded from projects or training opportunities

Unpaid Overtime? A Wage Theft Lawyer in NJ Can Help.

Unpaid Overtime? Know Your Wage and Hour Rights in New Jersey

Firing or demoting an employee after they announce a pregnancy

Refusing to hire someone because they’re visibly pregnant

Denying reasonable accommodations for medical needs

Cutting hours, changing responsibilities, or isolating the employee

Penalizing someone for taking pregnancy or family leave

Making negative comments about pregnancy or parenting status

What The Law Says About Workplace Pregnancy Rights New Jersey&nbsp;

1. The New Jersey Law Against Discrimination (NJLAD)

Temporary transfers away from hazardous environments

Seating, schedule changes, or permission to carry water

2. The Pregnant Workers Fairness Act (PWFA)

3. The New Jersey Family Leave Act (NJFLA)

Fire or demote you because you’re pregnant

Refuse to hire you because you may become pregnant

Deny reasonable accommodations with a doctor’s note

Harass you or make offensive remarks about your pregnancy

Force you to take leave if you’re able and willing to work

Penalize you for taking legally protected time off

Ask for medical documentation when you request accommodations

Deny accommodations that would cause “undue hardship” (like significant cost or workplace disruption)

Treat pregnancy the same as any other short-term disability, applying existing leave policies fairly

Set work expectations and standards — as long as they’re applied equally to all employees

2. Speak Up Internally (If You Feel Safe Doing So)

3. Reach Out to a Pregnancy Discrimination Lawyer in New Jersey

Facing Pregnancy Discrimination? We Can Help.

Pregnancy Discrimination in New Jersey: What Employers Can and Can’t Do

Being denied a job or promotion because of your race

Unequal pay or benefits compared to coworkers of different races

Racial slurs, jokes, or offensive comments

Being held to a different standard than coworkers

Exclusion from meetings, projects, or networking opportunities

Retaliation after speaking out about race-related issues

Examples of Racial Discrimination at Work

A qualified Black employee is passed over for promotion in favor of a white colleague with less experience.

A Latina worker is consistently assigned less desirable shifts, even though she has seniority.

A supervisor uses coded language or “jokes” about a worker’s ethnic background.

An Asian American employee is asked to change their name or accent to “fit in.”

A manager retaliates against an employee who filed a race-based complaint by cutting their hours or giving them poor performance reviews.

How to Prove Racial Discrimination in New Jersey

Incidents you believe were discriminatory

Direct Evidence: This includes things like racist comments, slurs, written messages, or anything that openly shows bias. These cases are easier to prove — but direct evidence is rare.

Circumstantial Evidence: This involves showing a pattern of unfair treatment or decisions that point to discrimination. For example, if you were denied a promotion despite strong qualifications and the job went to someone less qualified of a different race, that may be circumstantial evidence.

Facing Discrimination at Work? Let’s Talk.

Employment Law Insights & Resources

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