Reporting Sexual Harassment in NY and NJ

Sexual harassment in the workplace is a serious issue that unfortunately affects too many people in our area. If you find yourself in a situation where you are a victim of sexual harassment, there are some processes specific to New York and New Jersey law that you must follow to bring a claim. You’ll want to prioritize speaking to a sexual harassment lawyer with expertise in all the state and federal laws that might apply to your situation.

Reporting Harassment

Step One: Reporting at Work

The first step is to report the harassment to your boss (or a higher up if your boss is the harasser). In many workplaces, there is a specific procedure for reporting sexual harassment, and you should refer to your employee handbook or speak with your human resources department to understand the process in your company.

If your workplace does not have a formal procedure, or if you feel uncomfortable or unsafe in reporting the harassment internally, proceed to file a claim with the relevant state agency.

Step Two: Filing a Claim in Your State

In NY, you have the option to file a sexual harassment claim with the New York State Division of Human Rights (NYSDHR) or the Equal Employment Opportunity Commission (EEOC). The NYSDHR is a state agency that enforces New York’s laws against discrimination, including sexual harassment. Filing with the NYSDHR is often the first step, as they can investigate your claim and determine if there is enough evidence to proceed.

In New Jersey, you can file a claim with the New Jersey Division on Civil Rights (NJDCR) or the EEOC. Like NYSDHR, the NJDCR enforces state laws against discrimination and can investigate claims of sexual harassment. It’s important to note that in both New York and New Jersey, there are time limits for filing a claim. In NY, you must file within three years of the harassment, and in NJ, within two years.

Seeking Legal Advice From a Sexual Harassment Lawyer

It’s always wise to seek legal advice before filing your claim. An attorney who specializes in employment law can help you decide on the best course of action, understand where and when to file, and ensure your report follows all the rules.

You may want to file with the EEOC or with your state agency, for example. You may also be unsure whether it’s safe to inform your employer or not, worried about retaliation, or unsure of how to make a claim effectively. Your attorney will help with all of this, and they can also represent you in any legal proceedings that may arise from your claim.

The Reporting Process in More Detail

Preparing Your Claim

Preparation involves gathering all the documentation you have collected, including any notes you made about the incidents, communications you have had with your employer, HR, or anyone else, and witness statements. Organize these documents in a clear and chronological order.

Additionally, it’s important to articulate how the harassment has affected you, both professionally and personally. This might include impacts on your work performance, emotional distress, or any physical symptoms experienced as a result of the harassment. Your lawyer will help you prepare everything you need.

Filing the Complaint

The process of filing a complaint involves completing the specific forms provided by the NYSDHR, NJDCR, or EEOC, depending on where you are filing. These forms require detailed information about the harassment, the perpetrator(s), and your employer. Be as specific and factual as possible. Once your complaint is filed, the agency will review it and decide whether to proceed with an investigation. This process can take several weeks or months.

During this process, investigators will gather evidence, interview witnesses, and review documentation. You and the alleged harasser will both have the opportunity to present your sides of the story.

Your Rights During the Investigation

Even while your claim is being investigated, you have rights. You are entitled to be represented by an attorney throughout the process, for example, and you also have the right to a fair and unbiased investigation. If you face any retaliation from your employer or colleagues for filing the claim, this too can be reported and may constitute a separate violation of the law.

Even if the investigation finds that the behavior you’re concerned with does not rise to the level of harassment, so long as you made your claim in good faith, you cannot be retaliated against by your employer. Having a lawyer on your side during this process will help to protect you against any retaliation; and if it does take place, your lawyer will help you file a separate claim for this.

Responding to the Outcome

Once the investigation is complete, the agency will issue a determination. If your claim is substantiated, the agency may facilitate a settlement or take other actions, such as ordering your employer to implement changes in the workplace. If your claim is not substantiated, you have the right to appeal the decision. Your attorney can advise you on the best course of action, whether it’s appealing the decision or possibly pursuing a lawsuit.

Considering a Lawsuit

If the agency’s investigation does not resolve your claim to your satisfaction, you may consider filing a lawsuit. In both NY and NJ, the laws allow for individuals to bring their claims to court if they are not adequately resolved through the administrative process. This step is significant, however, and requires careful consideration and the guidance of your attorney.

Potential Outcomes of a Sexual Harassment Claim

Settlements and Remedies

One potential outcome is a settlement between you and your employer, which is often facilitated by the investigating agency. Settlements might include financial compensation for damages you suffered, such as lost wages or emotional distress. Other remedies could include changes in workplace policies, training for staff, or even the termination or reassignment of the harasser. Your lawyer will help you here and ensure that any settlement is fair to you.

Court Cases

If your case goes to court, the process becomes more complex. A court case can result in a judgment in your favor, which might include monetary damages or other remedies like reinstatement if you were wrongfully terminated. However, court cases can be lengthy and emotionally taxing, so it’s important to be prepared for this possibility.

Impact on Employment

Filing a sexual harassment claim can have an impact on your current employment situation. While laws protect against retaliation, it’s not uncommon for relationships with colleagues or management to change. It’s important to maintain a professional demeanor and keep detailed records of any changes in your employment status or treatment at work that might be considered retaliatory. In some cases, you may find that you don’t wish to keep the job anymore even if your employer isn’t actively retaliating against you in any way.

Maintaining Well-Being and Professional Life

Seeing a sexual harassment claim through to the end can be emotionally and mentally challenging, so it’s important to take care of your well-being throughout this process. Seeking support from a therapist or counselor can be helpful, and maintaining a support network of friends, family, or colleagues can provide emotional and practical support.

Get Help With Your Claim in New York or New Jersey

If you’ve been sexually harassed, get the help ​of a skilled sexual harassment lawyer with experience in both federal and state law. Contact the law office of Katz Melinger PLLC right away for help.