Work Is A Hassle! Now What Do I Do?

All of us have had our “moments” at work.  When those moments are extreme, or become overwhelming, pervasive, or consistent, it’s time to take action.  If you feel you are being sexually harassed or otherwise discriminated against at work, it’s time to speak up.  Standing up for yourself is not only a matter of self-respect; it is a necessary component to any legal action based on improper treatment in the workplace.  You will be required to demonstrate that your employer knew of the harassment or mistreatment and failed to stop it.

If your supervisor perpetrates the harassment or mistreatment, your employer may be held liable even if you fail to report your experiences.  However, the employer is not likely to be held liable if a co-worker administers the mistreatment if the employer had no prior knowledge of the mistreatment. 

In Lehman v. Toys ‘R’ Us, the New Jersey Supreme Court reviewed a case involving allegations of sexual harassment.  The Court required employers to create effective preventative and remedial procedures to prevent workplace harassment.  Since Lehman, employers are required to have reporting policies in place.  Each employee should know to whom they are to report harassment or mistreatment to and that person must be someone with whom employees feel comfortable.  The person or persons responsible for listening to employee complaints must be approachable.  If you find it impossible, or reasonably believe it would be futile, to report such behavior, the reporting requirement may be waived.  Keep in mind, however, this is a difficult requirement to waive and you are better advised to at least attempt to report and document your efforts.

Your employer’s acceptance of your report of mistreatment does not end the employer’s obligation to you.  Your reports must be taken seriously and investigated in a fair and thorough manner.  The law protects you from retaliation by the employer for your reports.  If the mistreatment does not stop or worsens, if the employer fails to fairly investigate, or if the employer retaliates against you by firing you or taking other disciplinary measures, you may want to seek legal counsel.

It is also important to note that not all perceived mistreatment is actionable.  The mistreatment must be discriminatory and imposed against a person who is a member of a class protected by law.  Protected classes include race, religion, sex, sexual orientation, age and disability.  If you are a member of a protected class, and can show you are being discriminated against because of your membership in that class, you may want to discuss your situation with your lawyer.  On the other hand, if you work for Ebenezer Scrooge, who treats you and your co-workers equally terribly, it will be difficult to prove discrimination.  Your best course of action in that case may be to pull out the want ads.