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.
The New Jersey Law Against Discrimination prohibits sexual harassment at work, at employers of any size. You generally have two years to file in New Jersey Superior Court, or 180 days to file with the Division on Civil Rights. The firm represents employees across South Jersey from Vineland and Marlton.
Sexual harassment takes two main forms. One is a demand for sexual conduct in exchange for keeping a job or getting a benefit. The other is a hostile work environment: unwelcome conduct because of sex that is severe or pervasive enough that a reasonable person would find the workplace hostile or abusive.
The New Jersey Supreme Court set that test in Lehmann v. Toys 'R' Us. The question is how the conduct would affect a reasonable person, so you do not have to prove a breakdown or a medical diagnosis. A single incident can be enough, but only in a rare and extreme case.
An employer may not punish you for complaining about harassment or for helping a coworker who does. Firing, demotion, cut hours and a sudden run of bad reviews can all qualify. Read more about retaliation.
Remedies under the NJLAD can include lost pay, emotional distress damages and, in some cases, punitive damages. A court may also award a winning employee reasonable attorney's fees. What applies depends on the facts.
Write down each incident: date, place, what was said or done, and who saw it.
Save texts, emails, photos and messages you are allowed to keep.
Read your employer's harassment policy and report the conduct the way it describes, in writing if you can.
Keep doing your job and keep your own copy of your reviews.
Talk to a lawyer before you resign or sign anything.
Do I have to report it to HR before I can sue? No. The NJLAD does not require a complaint to HR before you sue. Not reporting can still hurt a claim. When a supervisor's harassment did not lead to a tangible job action such as a firing, an employer can defend itself by showing it had a working complaint process and you unreasonably failed to use it. Talk to a lawyer about how and when to report.
Do I have to quit? No. You can bring a claim while you still work there.
Can the person who harassed me be held liable? Sometimes. Individuals are liable under the NJLAD only through aiding and abetting, which has its own requirements.
Can a settlement force me to stay silent? Not the way it once could. Since 2019, a clause that conceals the details of a discrimination, retaliation or harassment claim cannot be enforced against the employee, and a settlement must include a notice saying so. Confidentiality can still be agreed, so read any agreement with a lawyer.
What if I signed an arbitration agreement? Federal law generally lets a person alleging sexual harassment or sexual assault keep the case out of an arbitration agreement signed before the dispute.
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.