By: Ty Hyderally, Esq., and Nichole Nunes, Esq.
January 23, 2025

A hostile work environment in New Jersey is one in which an employee faces severe or pervasive conduct that creates an intimidating, offensive, or abusive atmosphere based on their protected characteristics, such as race, gender, sexual orientation, disability, religion, or national origin. This legal concept is most commonly associated with harassment but can manifest in many different ways, and it is covered under New Jersey’s Law Against Discrimination (NJLAD), as well as federal laws like Title VII of the Civil Rights Act of 1964.

The heart of a hostile work environment claim lies in whether the conduct interferes with the employee’s ability to perform their job or creates an atmosphere that a reasonable person would find intimidating, hostile, or abusive. It’s important to note that isolated incidents, such as one offensive comment or inappropriate joke, can certainly be sufficient to meet the legal standard in New Jersey for a hostile work environment.  New Jersey follows the lowered threshold of severe or pervasive as opposed to severe and pervasive.  Thus, behavior that is severe or pervasive and alters the conditions of the employee’s workplace, can be actionable.

In the seminal case of Lehmann v. Toys ‘R’ Us, 132 N.J. 587 (1993), the New Jersey Supreme Court held that a workplace environment is hostile when the conduct is so pervasive that it creates an “abusive working environment.” This might involve a situation where an employee is constantly subjected to derogatory comments, offensive jokes, or unwanted advances based on their gender or sexual orientation. If this kind of conduct happens regularly, it may be enough to create a hostile environment. In the Lehman case, the court underscored the importance of evaluating the totality of the circumstances, and considered factors like the severity, frequency, and the context of the behavior.

In New Jersey, a hostile work environment can arise from sexual harassment, racial discrimination, or disability-related harassment, amongst other forms of discrimination and retaliation. For example, if an employee is consistently subjected to lewd comments, unwelcome attention, or sexist jokes, it may create a hostile environment. Similarly, racial slurs or offensive stereotypes directed at an employee of color, or mocking someone with a disability, can contribute to such an environment. Harassment doesn’t need to be physical; verbal abuse, like offensive jokes or name-calling, can also create a hostile work environment under New Jersey law.

In terms of legal liability, an employer may be held responsible if they knew or should have known about the hostile work environment and failed to act. This is particularly true if the harassment was perpetrated by someone in a position of authority, such as a supervisor or manager. Employers are expected to have mechanisms in place for employees to report harassment, and they must take prompt and effective steps to investigate and resolve complaints. Failure to do so could expose the employer to liability.

However, employers may have certain protections if they have established clear anti-harassment policies and procedures, if the policies are published and vibrant, if the employer conducted training, and if the employee did not follow those procedures or report the harassment. New Jersey caselaw clarified that the presence of an anti-harassment policy can be a mitigating factor in cases where the employer took reasonable steps to prevent harassment but the employee failed to use those resources.

Creating and maintaining a workplace free from hostility is a critical responsibility for both employers and employees in New Jersey. While not every unpleasant workplace interaction will rise to the level of a hostile work environment, persistent or severe harassment based on a protected characteristic can create an atmosphere that violates the law. Employees who feel they are experiencing a hostile work environment should document the incidents, report the behavior to their employer, and seek legal counsel to understand their options for pursuing a claim under NJLAD and federal discrimination laws. Employers, in turn, should ensure they have robust anti-harassment policies in place and foster a workplace culture that respects all employees.

In conclusion, if you are an employee who is experiencing discrimination or harassment in the workplace, it is critical that you timely consult with a lawyer concentrating in employment law to adequately protect yourself.  A lawyer will guide you as to how to complain, what should be in the complaint (and equally importantly not in the complaint), whom to complain to, and discuss the implications of the timing of your complaint based upon what is going on in the work place.  Getting all facets of this correct is critical.

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