Is This Illegal Harassment? | NJ Harassment Lawyers

By Thomas McKinney
Partner

We received numerous phone calls a day from potential clients asking whether the harassment they are experiencing at work is illegal.  Most assume that it is illegal because it is completely unfair, degrading and abusive.  However, NJ Harassment Law does not protect harassment unless the harassment is either severe or pervasive AND based on a protected characteristic.  This means that we need to be able to prove that the harassment you are suffering at work it a result of your race, gender, religion, disability, age, or other protected characteristic.  If that harassment is not based on one of these protected characteristics, it is not protected by the law.  Unfortunately, the law allows an employee to quit if he is unhappy with the work environment, but it does not protect the employee from the abuse unless the employee can meet the requirements for an intentional infliction of emotional distress claim.

If you questions regarding whether you are suffering illegal harassment, please contact our NJ Employment Lawyers.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.