2023 Workplace Harassment Update

Since the “#MeToo” movement, we have seen a heightened awareness about workplace harassment. New Jersey anti-harassment laws have long been in place and have a long litigation lineage. Under the LAD, harassment does not have to be sexual. The LAD covers a wide range of protected classes, including sex, age, race, ancestry, religion, sexual orientation or gender identity or expression, mental or physical disabilities, HIV status, familial status, domestic partnership status, and several other areas relating heredity and genetic characteristics.

Workplace harassment claims are very fact-sensitive, and not every offensive act will be deemed offensive under the LAD. The offending conduct must be “severe and pervasive” and “intimating, hostile and offensive.” In recent years, New Jersey courts have taken a closer look at the meaning of this language. In Armando Rios v. Meda Pharmaceutical (June 2021), the New Jersey Supreme Court held that a single incident could create a hostile work environment in rare and extreme cases.

Now, more than ever, attorneys must be proactive in advising business owners, corporations, management, and employees about harassment issues, what it is, what it isn’t, and counsel clients about how to address allegations and their obligations regarding employee anti-harassment training.

Our distinguished panel examines New Jersey harassment law and litigation and provides practical and thoughtful advice for both plaintiffs and defense attorneys.

Who should purchase?

• Attorneys representing employers or employees
• Corporate and in-house counsel
• General practitioners and others wanting to expand into this area of practice
• Human resources professionals
• Corporate officers