New Jersey Employment Laws on Bullying and Harassment

New Jersey Employment Laws provide protections for employees in many situations. A question that many people have is whether New Jersey Employment laws protect against Bullying and Harassment. The answer is not always clear-cut. New Jersey does not protect employees from a workplace bully who indiscriminately bullies employees in the workplace. New Jersey Courts have ruled that laws, such as the New Jersey Law Against Discrimination is not a civility code. Employees cannot sue a boss who is rude, uses profanity, or screams.

However, some types of bullying and harassment can give rise to a claim under New Jersey Employment laws. The Courts look at the motivation of the person who is engaging in the Bullying and Harassment. For instance, if a boss or a co-worker bully and harass an employee because of a protected trait, such as race, gender, sexual orientation, national origin, disability, age, or military status, it can give rise to a claim under the New Jersey Law Against Discrimination.

If a boss bullies and harasses an employee because the employee complains about or threatens to disclose illegality, it can give rise to a claim of retaliation under New Jersey’s whistleblower law. New Jersey’s whistleblower law is called the New Jersey Conscientious Employee Protection Act.

There are other reasons employees might get bullied and harassed that may trigger protections under New Jersey Employment Laws. For instance, if an employee takes workers compensation leave or medical leave, it could give rise to claims under the New Jersey Workers Compensation Law or the New Jersey Family Leave Act, or Federal Family Medical Leave Act.

As you can tell, the reason for the bullying and harassment is very important and can make the difference between having a lawsuit or not having any enforceable rights in New Jersey Courts.

It is essential that you contact an attorney to determine if you have suffered bullying and harassment that violates New Jersey Employment Laws. We know NJ employment law on bullying and harassment. If you believe that you are a victim contact Ronald Wronko, Esq., at (973) 360-1001.