The Law Offices of Richard M. Pescatore are located in both Vineland and Marlton, New Jersey. The firm has successfully achieved verdicts of one million dollars and more on behalf of its clients, together with multi-million dollar settlements.
The Law Offices of Richard M. Pescatore are located in both Vineland and Marlton, New Jersey. The firm has successfully achieved verdicts of one million dollars and more on behalf of its clients, together with multi-million dollar settlements.
In New Jersey, a hostile work environment is harassment based on a protected trait, such as sex, race, religion or disability, that is severe or pervasive enough to make the workplace hostile or abusive to a reasonable person. The Law Against Discrimination covers employers of any size, with a two-year deadline to sue.
The test comes from Lehmann v. Toys 'R' Us. The conduct must have happened because of the protected trait, and it must be severe or pervasive enough that a reasonable person in your position would find that the conditions of work had changed and the environment had become hostile or abusive.
Rudeness alone does not meet that test, and neither does an unfair boss who treats everyone badly. The conduct has to connect to who you are.
The test says severe or pervasive. In Taylor v. Metzger, the New Jersey Supreme Court held that a single racial slur from a senior official could support a claim. That happens only in a rare and extreme case. Most claims rest on a pattern, and no fixed number of incidents is required.
List each incident with the date, the words used and who was present.
Keep any messages, photos or notes you are allowed to keep.
Report the conduct under your employer's policy, in writing if you can.
Note what happens after you report it.
Talk to a lawyer about timing before you resign.
Does it count if the conduct was not aimed at me? It can. Courts look at the whole work environment, and conduct directed at others can be part of it.
How long do I have? Generally two years to file in Superior Court and 180 days to file with the Division on Civil Rights. When the conduct is ongoing, older acts can sometimes be included, so have a lawyer review the timing.
What if my employer already investigated? An investigation does not end your rights. What matters is whether the conduct stopped and how the employer responded.
Related: sexual harassment, discrimination, retaliation.
Call (856) 507-1000 or use the contact form. The firm has offices at 1055 East Landis Avenue, Vineland, NJ 08360, and 2 North Maple Avenue, Marlton, NJ 08053.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the facts of each case.
Last updated November 4, 2026.