The New Jersey Law Against Discrimination prohibits all employers – regardless of the organization’s size – from discriminating against anyone in the workplace based on sex, domestic partnership, marital status, civil union status, sexual orientation, or gender expression or identity. Not only is it illegal to discriminate or to sexually harass, but it is also against the law to seek retaliation against anyone who makes a claim for sexual harassment.
Behaviors that constitute sexual harassment
Many behaviors can constitute offensive behavior that may or may not be considered sexual harassment. Just one “bad” joke or offensive act does not prove a sexual harassment case. For you to make a claim for sexual harassment, there has to be a systematic and pervasive series of behaviors that are creating an offensive and threatening workplace atmosphere for you. The hostile environment must be pervasive enough to interfere with your ability to perform at work.
Sexual behaviors can come in many forms; some examples include touching someone without their consent, sexual innuendos, derogatory comments or remarks, jokes that are sexually biased, unwelcome sexual advances, and explicit sexual material. To qualify as sexually harassing behavior, you also have to prove the theory of reasonableness. According to the law, you have to show that it isn’t just you who is offended by the behavior. It must be the case that any reasonable person in the same position would also be offended by the behavior. This means that keeping meticulous records and documentation is critical.
