Sexual Harassment Attorney in New Jersey and New York

Sexual harassment in the workplace is a form of sex discrimination that the law has prohibited for decades. A supervisor who conditions job benefits on sexual favors. A coworker whose repeated unwanted advances make the workplace unbearable. A manager whose comments about a subordinate’s body or sexuality create an atmosphere of humiliation and hostility. An employer who ignores repeated complaints and allows the behavior to continue. These situations are illegal, and the people who experience them have the right to take legal action. Thai Nguyen Law handles sexual harassment claims in New Jersey and New York.

Two Forms of Sexual Harassment: Quid Pro Quo and Hostile Work Environment

Sexual harassment under Title VII and the New Jersey Law Against Discrimination takes two legally distinct forms. Quid pro quo harassment occurs when submission to or rejection of sexual conduct is used as the basis for employment decisions. A supervisor who offers a promotion in exchange for sexual contact, or threatens adverse action if an employee refuses sexual advances, has engaged in quid pro quo harassment. Employer liability is automatic in quid pro quo cases because the harasser is acting as an agent of the employer when they exercise supervisory authority. Proof of a tangible employment action, such as a demotion, termination, or denial of a raise, is the hallmark of this claim.

Hostile work environment harassment occurs when unwelcome sexual conduct is so severe or pervasive that it alters the conditions of employment and creates an abusive working environment. The conduct must be both subjectively offensive to the victim and objectively offensive to a reasonable person. Isolated minor incidents generally do not meet this threshold, but a pattern of sexual comments, unwanted touching, sexually explicit material in the workplace, or other persistent sexually charged behavior can. For supervisor harassment that does not involve a tangible employment action, employers may assert the Faragher-Ellerth affirmative defense, requiring them to show they exercised reasonable care to prevent and correct harassment and that the employee unreasonably failed to use the preventive or corrective opportunities provided.

New Jersey’s Law Against Discrimination, N.J.S.A. 10:5-1 et seq., provides broader protection than Title VII in several important respects. The NJLAD applies to all employers regardless of size, imposes a lower severity threshold for hostile work environment claims compared to federal law, holds individual supervisors personally liable for harassment they actively participated in, and provides uncapped punitive damages. New York City’s Human Rights Law goes even further, requiring only that the harassment was more than a petty slight or trivial inconvenience, making it the most protective sexual harassment standard in any jurisdiction in the country.

Who Can Be Held Liable for Sexual Harassment?

Liability for sexual harassment extends beyond the individual harasser. The employer is automatically liable for quid pro quo harassment by a supervisor when a tangible employment action results. For supervisor harassment without a tangible employment action, the employer can raise the Faragher-Ellerth defense. For coworker or third-party harassment, the employer is liable when it knew or should have known and failed to take prompt, effective corrective action. Under the NJLAD, supervisors who actively participated in harassment are personally liable alongside the employer.

How Thai Nguyen Law Handles Sexual Harassment Cases

Sexual harassment cases require documentation of the harassing conduct, the employer’s knowledge of it, and the employer’s response. We obtain the complete employment record, any internal complaint records or HR files, any written or electronic communications that evidence the harassment, witness identifications, and documentation of any adverse actions taken in connection with the harassment or following a complaint. We also assess whether the employer’s anti-harassment policy and training were adequate and whether the Faragher-Ellerth defense is available.

Our approach to sexual harassment cases includes:

  • Timely EEOC charge filing within 300 days for Title VII claims and direct court filing for NJLAD and NYC Human Rights Law claims
  • Documentation of the harassing conduct, its severity and frequency, and any witnesses or communications that corroborate it
  • Review of the employer’s harassment reporting process, investigation records, and corrective action taken or not taken
  • Assessment of quid pro quo and hostile work environment theories and the applicable liability framework for each
  • Evaluation of retaliation claims if the employee suffered adverse action after reporting the harassment
  • Litigation in federal or New Jersey state court with full trial preparation from the outset

New Jersey’s Expanded Sexual Harassment Protections

New Jersey enacted significant expansions through the 2019 NJLAD amendments. Employers must provide annual anti-harassment training to all employees and supervisors. Non-disclosure agreements preventing employees from disclosing sexual harassment claims are void and unenforceable under New Jersey law, eliminating the employer tool of silencing victims through settlement. The statute of limitations was extended to two years. Employers with three or more employees must maintain written anti-harassment policies with specific statutory elements. These protections make New Jersey among the strongest states for sexual harassment victims seeking accountability.

What to Expect Working With Us

  • 01 – Free Case Review — We evaluate the harassment, the employer’s response, and the available claims at no cost. No fees unless we win.
  • 02 – EEOC and Administrative Process — We file the EEOC charge within the required window for federal claims and manage the administrative process while preparing the civil lawsuit.
  • 03 – Evidence Development — We obtain employment records, internal complaint files, and communications that document the harassment and the employer’s knowledge and response.
  • 04 – Litigation or Settlement — Employers vigorously defend sexual harassment claims. We prepare every case for trial and do not accept settlements that fail to reflect the full scope of the harm.

Why Choose Thai Nguyen Law?

As a refugee from Vietnam now attorney in the United States, Attorney Nguyen built this practice for people who were harmed in the workplace and then faced the additional burden of deciding whether to report, whether to stay, and whether anyone would believe them. Sexual harassment victims carry those questions into every consultation. Attorney Nguyen handles these cases with sensitivity, discretion, and the legal rigor needed to hold both the harasser and the employer accountable.

Thai Nguyen’s journey from immigrant to attorney in the United States — from refugee to immigrant to practicing lawyer — established a practice that treats every client’s experience with the respect it deserves. Thai Nguyen Law serves New Jersey and New York and handles sexual harassment cases nationwide, with services in English, Vietnamese, and Spanish.

  • No fees unless we win — No upfront cost on cases we accept
  • Free consultation — Understand your rights and options before committing to anything
  • Multilingual service — English, Vietnamese, and Spanish
  • Award-winning representation — Recognized for results in employment civil rights cases

Frequently Asked Questions

Not necessarily, but internal reporting has strategic implications. Reporting to HR or through the employer’s complaint mechanism is relevant to whether the Faragher-Ellerth defense is available to the employer in supervisor harassment cases without a tangible employment action. If the employer had an adequate anti-harassment policy and the employee did not use it, the employer can use that failure as a defense. However, if the harassment was by a supervisor who took a tangible employment action, no internal reporting is required to hold the employer liable. And if reporting to HR resulted in retaliation, that retaliation is itself an independent claim. Attorney Nguyen advises on reporting strategy as part of the initial case assessment.

Yes. Sexual harassment protections under Title VII, the NJLAD, and the New York Human Rights Law apply regardless of the victim’s sex or gender. A male employee harassed by a male supervisor, a female employee harassed by a female coworker, or any employee harassed by anyone in the workplace has a viable claim as long as the harassment was based on sex. The Supreme Court confirmed in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), that same-sex sexual harassment is actionable under Title VII. Sexual harassment of LGBTQ employees is also prohibited under federal law following Bostock v. Clayton County, 590 U.S. 644 (2020), and has long been covered under the NJLAD and NYC Human Rights Law.

For Title VII claims, the EEOC charge must be filed within 300 days of the harassing act. After receiving a right-to-sue letter, the federal lawsuit must be filed within 90 days. NJLAD sexual harassment claims must be filed in court within two years under N.J.S.A. 10:5-12.1 or within 180 days through the NJ Division on Civil Rights. In New York, state and city human rights law sexual harassment claims carry a three-year limitations period. The EEOC and NJLAD deadlines run independently. Contact Attorney Nguyen promptly after the harassment or adverse action to ensure no deadline is missed.

Sexual harassment damages include back pay and front pay for any lost wages or benefits, compensatory damages for emotional distress and psychological harm, and punitive damages. Under Title VII, combined compensatory and punitive damages are capped based on employer size. Under the NJLAD, punitive damages are uncapped and individual supervisors who actively participated in the harassment are personally liable. Under the NYC Human Rights Law, there are no damages caps. Attorney fees are recoverable under both Title VII and the NJLAD when the plaintiff prevails. Non-disclosure agreements in settlements that purport to prevent disclosure of the harassment are unenforceable against the employee under New Jersey’s 2019 NJLAD amendments. Attorney Nguyen documents every component of damages from the outset.

Experienced Sexual Harassment at Work? Call Thai Nguyen Law Today.

Sexual harassment is a serious civil rights violation and the deadlines to act are strict. If you have experienced sexual harassment in your workplace in New Jersey or New York, contact Thai Nguyen Law for a free, confidential consultation. No upfront fees on cases we accept. No costs unless we win.

Call or text: 201-566-1604 | Free Consultation | No Fees Unless We Win