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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
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In New Jersey, state and federal law prohibit employers from maintaining a hostile work environment and gives employees a legal cause of action to obtain compensation and other relief after suffering under a hostile work environment. Despite advances in the law granting workers protections from discrimination in the workplace, employees continue to suffer from hostile work environments in New Jersey.
If you believe you have been the victim of workplace discrimination or a hostile work environment, here is what you need to know about proving a legal claim for a hostile work environment.
A hostile work environment involves discrimination and harassment based on a protected class or characteristic. Under federal law, protected classes include:
Protected classes under the New Jersey Law Against Discrimination include:
Courts define a hostile work environment as being created by discrimination or harassment that is either so severe in nature or so pervasive in frequency as to alter the conditions of employment to the extent that no reasonable person would want to work under such conditions.
The first step in proving a hostile work environment is to report acts of discrimination or harassment that you experience in the workplace. Your employer may not be liable for a hostile work environment if managers, executives, or other decision-makers are unaware that discrimination or harassment is ongoing in the workplace. If you put your employer on notice of a hostile work environment and your employer fails to take reasonable action to resolve the situation, you may have a viable legal claim.
If you continue to experience discrimination or harassment at work, you should begin to collect evidence of the hostile work environment. Keep copies of any emails, internal messages, text messages, or voicemails that involve discriminatory or harassing language. You should also contemporaneously journal any discriminatory or harassing statements or actions made in person, including discriminatory or harassing materials circulated around the workplace or discriminatory/harassing “jokes” or pranks.
You should also keep records of your efforts to report the hostile work environment to your supervisors. Ideally, any reports should be made in writing with the ability to time-stamp the report, such as by sending emails.
You may also want to keep note of any co-workers or other witnesses to discriminatory or harassing conduct in the workplace.
Hiring an employment law attorney will give you the best chance of succeeding with a hostile work environment claim. Proving discrimination or harassment in the workplace or establishing your employer’s liability for a hostile work environment is often a difficult task. An attorney will know how to investigate and prepare a persuasive legal claim.
Finally, you may decide to file a formal hostile work environment claim. Most claims will need to be filed with the U.S. Equal Employment Opportunity Commission or the New Jersey Office of Equal Employment Opportunity and Affirmative Action. If the federal or state agency declines to act on your claim, you will be given notice of your right to file a lawsuit against your employer.
Although New Jersey employment laws are supposed to provide you with protections in the workplace, it is not always easy to get the rights you deserve. That is why you should speak with a knowledgeable employment lawyer about your situation and get guidance about your rights and options. The experienced employment law attorneys at The Epstein Law Firm, P.A. represent clients in Englewood, Fair Lawn, Fort Lee, Garfield, and all across New Jersey. Call (201) 380-7687 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 340 West Passaic St., Rochelle Park, NJ 07762.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Selected results involving employment law reported by The Epstein Law Firm, P.A.:
$700,000 verdict · $1,550,000 settlement
Read the firm’s published verdicts and settlements
Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.
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340 West Passaic Street Rochelle Park, NJ 07662
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The Epstein Law Firm
The Epstein Law Firm