Mark Law Firm Blog

When an employee brings credible, substantiated accusations of sexual harassment or discrimination in a workplace, their employer often settles discreetly for “an undisclosed sum of money” and an agreement to keep everything confidential. A law passed earlier this year in New Jersey declares that such confidentiality and non-disclosure agreements are against the greater interest of the public and, as such, unenforceable. Not only does the new law restrict settlement agreements, it significantly restricts the rights of employers to require that employees broadly waive rights related to pursuing discrimination, retaliation, or harassment claims that may arise during their employment. 

If you’ve suffered from gender-based discrimination or sexual harassment in the workplace or endured a hostile work environment, you’re not alone. New Jersey employees are protected from sex-based harassment and discrimination by Title VII, the federal law prohibiting discrimination, as well as the New Jersey Law Against Discrimination (NJLAD). You may wonder, however, what kind of compensation you can actually recover from your employer or the individuals responsible for the harassment. 

As the #MeToo movement brings workplace sexual harassment into the spotlight, some people are expressing concerns. As some employees speak up about their experiences and complaints, others can feel blamed, attacked, or otherwise uncomfortable. For employers, it’s important to develop protocols for properly handling these kinds of situations and ensuring that all employees have a safe working environment. 

Sexual harassment in the workplace is prohibited by both New Jersey’s Law Against Discrimination (NJLAD) and federal law (Title VII of the Civil Rights Act of 1964). In fact, employers have a legal obligation to their workers to take steps to protect them from all forms of workplace harassment. This includes establishing preventive measures to help minimize sexual harassment and other workplace misconduct, putting a system in place to allow employees to report harassment, and implementing remedial measures when harassment is reported.[1] When an employee reports harassment to HR, the employer has a responsibility to adequately investigate the allegations.[2] 

The largest jewelry company in the country has recently been hit with a nationwide sexual harassment and discrimination lawsuit.  Sterling Jewelers, which owns many smaller jewelry companies such as Jared Galleria of Jewelry, may now be subject to liability to a class of over 40,000 female employees. The large plaintiff pool is pending class certification by a judge.  The matter will likely enter arbitration shortly after class certification.

A New Jersey Superior Court judge has issued a ruling that will allow a sexual harassment suit filed against Englewood Hospital and Medical Center to proceed. The suit, which had been challenged by the hospital's attempt to have the case dismissed, is based on claims brought forward by the hospital's marketing director Maria Margiotta. The hospital's dismissal attempt was denied, however, at a hearing on August 9, 2013, after a judge found that Margiotta "raised genuine issues of material fact" regarding the case.

Sexual harassment can take many different forms. From gestures and constant jokes to inappropriate touching, it creates a hostile work environment. Employers must watch for signs and put in place reporting procedures to ensure a respectful work environment.

A woman who worked for two years at the Raritan Borough Petco store has filed a sexual harassment and retaliation lawsuit against Petco's parent company, Petco Animal Supplies. She claims that she and other women at the store suffered sexual harassment by the store's grooming station manager, who was also abusing dogs brought in for grooming. She complained to management and was told her complaint was confidential and that no retaliation would be tolerated. Nevertheless, she faced a series of adverse job actions and was ultimately terminated, she says, in retaliation for her complaint.

Most people in New Jersey and all across the United States know that sexual harassment is never acceptable. But it seems more disheartening when those who are most trusted to uphold the law violate that trust. A whistleblower retaliation lawsuit filed against the New Jersey attorney general's office accuses that a police officer faced harsh consequences for reporting sexual harassment allegations.

“She moves toward you like a movie star, her smile melting the ice in your bourbon and water,” reads a brochure advertising the sex appeal of the cocktail servers at Borgata Hotel Casino & Spa in Atlantic City. “You forget your own name. She kindly remembers it for you. You become the most important person in the room. And relax in the knowledge that there are no calories in eye candy.”