New Jersey Sexual Harassment Attorney — You Have Rights. Sean Will Fight for Them.
Sexual harassment in the workplace is not just wrong — it is illegal. New Jersey's Law Against Discrimination provides powerful remedies for victims of workplace harassment. Sean Branigan has been featured in the Star-Ledger as a champion for victims' rights. He has fought for the forgotten — and he will fight for you.
All consultations are strictly confidential. Available in English and Spanish.
What Sean Handles
The Law on Your Side
New Jersey's Law Against Discrimination Is One of the Most Powerful Anti-Harassment Statutes in the Country.
The New Jersey Law Against Discrimination (NJLAD) prohibits sexual harassment in employment, housing, and places of public accommodation. It is broader than federal law in several important respects — providing stronger protections and more powerful remedies for New Jersey employees.
Under the NJLAD, employers are strictly liable for harassment by supervisors that results in a tangible employment action — a firing, a demotion, a pay cut. For hostile work environment claims, employers are liable if they knew or should have known about the harassment and failed to take prompt corrective action.
Damages under the NJLAD can include back pay, front pay, significant emotional distress damages, and punitive damages in egregious cases. Attorneys' fees are also available — meaning that in many cases, the employer pays Sean's fees if you win.
A 2019 New Jersey law also limits the enforceability of NDAs in sexual harassment cases — meaning that a non-disclosure agreement you signed may not prevent you from pursuing your rights.
Free Confidential ConsultationWhy Sean
Both Sides Experience. One Side Commitment.
Sean has represented both employers and employees in sexual harassment matters — conducting workplace investigations, defending employers against claims, and representing employees who were harassed and retaliated against. That dual-side experience gives him an unmatched understanding of how these cases are built, defended, and won.
He has been featured in the Star-Ledger as a champion for victims' rights. He has been selected as a Top Lawyer in North America three times. He has earned Super Lawyers Rising Stars honors three consecutive years.
But the most important thing about Sean is his commitment to the people he represents. He does not take cases he does not believe in. When he takes your case, he is all in — from the first consultation to the final resolution.
Types of Harassment
Every Form of Workplace Sexual Harassment Is Illegal in New Jersey.
Quid Pro Quo Harassment
A supervisor, manager, or employer who conditions employment benefits — a promotion, a raise, continued employment — on sexual favors is committing quid pro quo harassment. This is among the most serious forms of workplace harassment, and New Jersey law provides powerful remedies.
Hostile Work Environment
Unwelcome sexual comments, jokes, touching, displays of sexual material, or other conduct that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. The conduct does not have to be directed at you personally — witnessing it can be enough.
Same-Sex Harassment
Sexual harassment is illegal regardless of the genders of the harasser and the victim. New Jersey's Law Against Discrimination protects all employees from sexual harassment — regardless of sexual orientation or gender identity.
Harassment by Non-Supervisors
Harassment by co-workers, clients, customers, or vendors can create employer liability if the employer knew or should have known about the harassment and failed to take prompt corrective action.
Retaliation for Reporting
Employees who report sexual harassment — or who participate in an investigation — are protected from retaliation. If you were fired, demoted, transferred, or otherwise penalized for reporting harassment, that retaliation is itself an independent legal violation.
Constructive Discharge
When harassment is so severe that a reasonable person would feel compelled to resign, the resignation may be treated as a termination — giving rise to a wrongful termination claim in addition to the harassment claim.
If You Are Being Harassed
What to Do — and What Not to Do — If You Are Being Sexually Harassed at Work.
Document Everything
Keep a detailed log of every incident — date, time, location, what was said or done, who witnessed it. Save any emails, texts, or other written communications. This documentation will be critical to your case.
Report Through Official Channels (With Caution)
Reporting to HR or a supervisor can be important — but it can also trigger retaliation. Before you report, call Sean. He will advise you on the safest way to report and how to protect yourself from retaliation.
Do Not Resign Without Calling First
Resigning can affect your legal rights — including your ability to collect unemployment and your ability to pursue certain claims. Before you resign, call Sean. He will advise you on whether resignation is in your best interest.
Do Not Sign Anything Without Calling First
Severance agreements, separation agreements, and NDAs can waive important legal rights. Before you sign anything, call Sean. He will review the document and advise you on what you are giving up.
Call Sean — Confidentially
All consultations are strictly confidential. Sean will give you an honest assessment of your situation and your options — at no charge, with no obligation. Direct cell: 973.519.3332.
FAQ
Sexual Harassment Law in New Jersey — Answered.
What is sexual harassment under New Jersey law?
Under the New Jersey Law Against Discrimination (NJLAD), sexual harassment is a form of sex discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects the terms or conditions of employment or creates a hostile work environment. The NJLAD is broader than federal law and provides stronger protections for New Jersey employees.
Do I have to report harassment to HR before I can sue?
Not necessarily. While reporting to HR can be important for several reasons — including triggering the employer's obligation to investigate — it is not always a prerequisite to filing a lawsuit under the NJLAD. Sean will advise you on the specific facts of your situation and the best strategy for your case.
What if the harasser is the owner of the company?
When the harasser is the owner, president, or other high-level official of the company, the employer is strictly liable for the harassment — meaning you do not have to prove that the company knew about it and failed to act. Sean has successfully pursued claims against business owners and executives who used their position to harass employees.
How long do I have to file a sexual harassment claim in New Jersey?
Under the NJLAD, you generally have two years from the last act of harassment to file a lawsuit. For EEOC charges, you have 300 days. The continuing violation doctrine may extend the limitations period in some cases. Do not wait — call Sean for a free consultation before any deadline passes.
What damages can I recover in a sexual harassment case?
Damages in NJLAD sexual harassment cases can include back pay, front pay, emotional distress damages (which can be substantial), punitive damages in egregious cases, and attorneys' fees. The NJLAD is particularly powerful because it allows for significant emotional distress and punitive damages — making it one of the most potent anti-harassment statutes in the country.
What if I signed a non-disclosure agreement (NDA)?
New Jersey law limits the enforceability of NDAs in sexual harassment cases. A 2019 New Jersey law prohibits provisions in employment contracts that waive rights or remedies under the NJLAD, including the right to file a lawsuit for sexual harassment. Sean will advise you on whether an NDA you signed is enforceable.
Can I be fired for reporting sexual harassment?
No. Retaliation against an employee for reporting sexual harassment, participating in an investigation, or filing a complaint is illegal under the NJLAD and federal law. If you were fired, demoted, or otherwise penalized for reporting harassment, that retaliation is itself an independent legal violation — and can significantly increase your damages.
What if the harassment happened outside the workplace?
Harassment that occurs at work-related events, business trips, company parties, or through work communication channels can still create employer liability. The key question is whether the harassment was connected to the employment relationship. Sean will assess the specific facts of your situation.
Confidential — Free Consultation
What Happened to You Was Wrong. You Have Rights.
All consultations are strictly confidential. No obligation. No charge. Just an honest assessment of your situation from an attorney who has fought for victims' rights for over 20 years — and who will fight for you.
Available in English and Spanish. Serving Essex County, Warren County, and all of New Jersey.