Sexual harassment claims carry serious consequences for employers — reputational damage, significant legal exposure, disruption to the workplace, and the potential loss of key personnel. For many businesses, the question is not whether harassment can happen but whether they have taken the steps necessary to address it before it escalates. Proactive policies, consistent enforcement, and clear response procedures are the foundation of an employer’s legal defense when a claim arises.
Mandelbaum Barrett PC attorney Steven Adler authored an article for ROI-NJ addressing sexual harassment and the steps employers can take to protect themselves. Adler practices in the firm’s labor and employment law practice, advising employers and businesses on harassment prevention policies, employment practices, and related labor and employment matters throughout New Jersey. His article for ROI-NJ reflects the firm’s commitment to helping New Jersey employers understand their legal obligations and implement practical steps to reduce harassment risk in the workplace.
New Jersey’s Employer Obligations Around Workplace Harassment
New Jersey law provides robust protections against harassment in the workplace. The New Jersey Law Against Discrimination prohibits harassment based on sex, gender identity, and other protected characteristics, and applies to employers with one or more employees. New Jersey employers are also subject to annual sexual harassment training requirements, mandating that employees receive training on harassment prevention. Understanding these obligations is the starting point for building a legally compliant workplace environment.
Under New Jersey law, employers can face liability not only for harassment by supervisors but also for harassment between coworkers if the employer knew or should have known about the conduct and failed to take appropriate corrective action. The employer’s response to a complaint — the speed, thoroughness, and appropriateness of the investigation and any corrective measures — is often scrutinized closely when harassment claims are litigated.
Practical Steps Employers Can Take to Reduce Harassment Risk
A written anti-harassment policy is the cornerstone of an employer’s harassment prevention program. An effective policy clearly defines prohibited conduct, establishes reporting procedures that employees can realistically use — including alternative reporting channels for situations where the harasser is a direct supervisor — commits the employer to a confidential investigation process, and makes clear that retaliation against employees who report harassment in good faith is prohibited. Simply having a policy is not enough: employees need to know it exists, understand how to use it, and believe that reports will be taken seriously.
Training is a complementary element. Training should be delivered to all employees, not just managers, and should go beyond a simple recitation of definitions. Practical training that helps employees recognize harassment, understand their reporting options, and appreciate the seriousness of the issue is more effective than a checkbox exercise. Managers and supervisors need additional training on how to handle complaints they receive and the employer’s investigation obligations.
According to the U.S. Equal Employment Opportunity Commission, workplace harassment remains a significant issue across industries, and the EEOC has emphasized the importance of proactive prevention efforts — including effective training and responsive complaint procedures — as the most reliable way to reduce harassment in the workplace. Employers who invest in prevention are better positioned legally and practically than those who respond only after a claim is filed.
Contact Mandelbaum Barrett PC for Labor and Employment Law Guidance
If you have questions about sexual harassment policies, workplace harassment investigations, or other labor and employment law matters in New Jersey, the labor and employment law team at Mandelbaum Barrett PC can help.
Reach out through our contact page to speak with our team. We are here to help New Jersey employers build legally sound workplaces and respond effectively when issues arise.