New Jersey Workplace Harassment Laws: Any Size Employer (2026)

Workplace harassment is unlawful in New Jersey under the Law Against Discrimination (LAD), which makes it an unlawful employment practice for an employer, because of a protected trait, "to discriminate against such individual in compensation or in terms, conditions or privileges of employment" (N.J.S.A. 10:5-12(a)). The LAD has no employee-count minimum: "employer" includes all "persons," a term that starts with "one or more individuals," plus the State and every public body (N.J.S.A. 10:5-5(a), (e)).

The LAD does not use the word harassment in its unlawful-practice clause or define a hostile work environment. The test comes from the New Jersey Supreme Court, which asks whether the conduct was "sufficiently severe or pervasive" to alter the conditions of employment (Lehmann v. Toys 'R' Us, 1993). The state Division on Civil Rights (DCR) takes complaints, and a complainant may instead go straight to Superior Court. For other states, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Jersey state law on workplace harassment by employers, supervisors and coworkers under the Law Against Discrimination, N.J.S.A. 10:5-1 et seq., chiefly §§ 10:5-5, 10:5-12, 10:5-12.7, 10:5-12.8, 10:5-13 and 10:5-18, with the State-employee training rule in N.J.S.A. 11A:7-14. It does not cover wrongful firing or the full complaint and lawsuit procedure (see New Jersey wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, local ordinances, or federal-employee procedure.

New Jersey harassment rules at a glance

What New Jersey law prohibits

The LAD's employment clause covers the full range of hiring, firing and workplace treatment. Under N.J.S.A. 10:5-12(a), it is an unlawful employment practice for an employer, because of a listed trait, "to refuse to hire or employ or to bar or to discharge or require to retire, unless justified by lawful considerations other than age, from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment."

Harassment claims run through the last part of that sentence. The LAD's definitions section (10:5-5) and its list of unlawful employment practices (10:5-12) do not define harassment or a hostile work environment. The word harassment appears in the LAD's waiver and nondisclosure sections, 10:5-12.7 and 10:5-12.8, which are covered below.

The Division on Civil Rights' sexual harassment fact sheet describes two forms. Quid pro quo harassment "is when a benefit like a promotion is conditioned on sexual favors, or when an adverse action like being fired is threatened if you refuse a sexual advance." A hostile work environment is the second form, judged by the test below.

The severe-or-pervasive test

The standard New Jersey courts apply comes from Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587 (1993). The New Jersey Supreme Court held:

"To state a claim for hostile work environment sexual harassment, a female plaintiff must allege conduct that occurred because of her sex and that a reasonable woman would consider sufficiently severe or pervasive to alter the conditions of employment and create an intimidating, hostile, or offensive working environment." (Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587 (1993))

"Severe or pervasive" is an either-or test. In Taylor v. Metzger, 152 N.J. 490 (1998), the court addressed "whether a single derogatory racial comment directed against a subordinate employee by a supervisor can create a hostile work environment," and stated that "a single utterance of an epithet can, under particular circumstances, create a hostile work environment." Whether particular conduct meets the test depends on the facts a court or the division weighs.

Which New Jersey employers are covered

Every employer is covered. N.J.S.A. 10:5-5(e) says "Employer" includes "all persons as defined in subsection a. of this section and 'hiring entities' as defined by section 2 of P.L.2023, c.262 (C.34:11-70), unless otherwise specifically exempt under another section" of the LAD, "and includes the State, any political or civil subdivision thereof, and all public officers, agencies, boards, or bodies." Subsection (a) defines "person" to include "one or more individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries."

The Division on Civil Rights puts the comparison with federal law plainly in its sexual harassment fact sheet: "federal law applies only to employers with fifteen or more employees, while the LAD applies to all employers in New Jersey, regardless of size." Title VII of the Civil Rights Act of 1964 defines an employer as one with "fifteen or more employees for each working day in each of twenty or more calendar weeks," so a New Jersey business too small for Title VII is still inside the LAD; the federal layer is on the workplace harassment laws hub.

Workers beyond employees

The same DCR fact sheet, dated March 2020, states that "the LAD also protects independent contractors from sexual harassment, while federal law only protects those workers who are legally classified as employees." That statement is agency guidance; the fact sheet predates the 2023 amendment that added "hiring entities" to the employer definition.

The division's employment page states: "As of July 1, 2024, domestic workers are protected from discrimination, harassment, and retaliation in employment under the New Jersey Law Against Discrimination." It names housekeepers, in-home caretakers for children or elderly people, chefs and butlers as examples.

Protected traits under the LAD

N.J.S.A. 10:5-12(a) bars employment discrimination because of any of these:

• race (which N.J.S.A. 10:5-5(vv) defines to include traits historically associated with race, including hair texture, hair types and protective hairstyles such as braids, locks and twists), creed, color, national origin, ancestry and nationality;
• age;
• sex, pregnancy or breastfeeding, and gender identity or expression;
• affectional or sexual orientation;
• marital status, civil union status and domestic partnership status;
• disability;
• genetic information, the refusal to submit to a genetic test or make its results available to an employer, and atypical hereditary cellular or blood trait;
• service in the Armed Forces of the United States, or liability for that service.

The age clause carries its own qualifier for refusals to hire, discharges and required retirement: "unless justified by lawful considerations other than age."

Is the employer responsible? Can an individual be sued?

Supervisor harassment

In Lehmann, the New Jersey Supreme Court held that when an employee claims a hostile work environment created by a supervisor, "an employer will be strictly liable for equitable damages and relief," "may be vicariously liable under agency principles for compensatory damages that exceed equitable relief," and "will not be liable for punitive damages unless the harassment was authorized, participated in, or ratified by the employer."

For sexual harassment by a supervisor, the court also applies the federal Ellerth/Faragher framework. In Aguas v. State, 220 N.J. 494 (2015), the court said: "we expressly adopt the Ellerth/Faragher analysis for supervisor sexual harassment cases in which a hostile work environment is claimed pursuant to the LAD, and no tangible employment action is taken." That framework lets an employer raise an affirmative defense when no tangible employment action, such as a firing or demotion, was taken; the hub explains the federal rule.

Coworker and other harassment

The Division on Civil Rights' employment guidance states that an employer that knew or should have known about harassment, including harassment by coworkers, is expected to take reasonable steps to address it. That is the agency's description of the standard, not statutory text. The division's sexual harassment fact sheet applies the same duty whether the harasser is "a supervisor, a colleague, or a third party that you interact with at work (like a patron, client, or vendor)."

Personal liability

The LAD reaches individuals through its aiding-and-abetting clause. N.J.S.A. 10:5-12(e) makes it an unlawful practice "For any person, whether an employer or an employee or not, to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under" the LAD "or to attempt to do so." The clause is written about aiding and abetting a forbidden act; it does not create a separate harassment offense for the individual.

Retaliation for complaining

N.J.S.A. 10:5-12(d) makes it unlawful "For any person to take reprisals against any person because that person has opposed any practices or acts forbidden under" the LAD, or because that person "has sought legal advice regarding rights under" the LAD, "shared relevant information with legal counsel, shared information with a governmental entity, or filed a complaint, testified, or assisted in any proceeding." Firings after a complaint, and how they fit with the state's default employment rule, are covered on the New Jersey at-will employment page.

Deadlines and where to file

New Jersey gives a complainant two routes.

• Division on Civil Rights: "Any complaint filed in the division or in any municipal office pursuant to this act must be so filed within 180 days after the alleged act of discrimination" (N.J.S.A. 10:5-18). The division is part of the Office of the Attorney General.
• Superior Court: a complainant "may initiate suit in Superior Court ... without first filing a complaint with the division or any municipal office," and a jury trial is directed on the application of any party (N.J.S.A. 10:5-13(a)(2)).
• Court deadline: the LAD sets no separate deadline for a Superior Court suit. In Montells v. Haynes, 133 N.J. 282 (1993), the New Jersey Supreme Court held that the two-year personal-injury statute, N.J.S.A. 2A:14-2(a), applies to all LAD claims; that statute covers "every action at law for an injury to the person caused by the wrongful act, neglect or default of any person."
• No shortened deadline by contract: "It shall be an unlawful employment practice to require employees or prospective employees to consent to a shortened statute of limitations or to waive any of the protections provided by" the LAD (N.J.S.A. 10:5-12).
• Federal charge: the EEOC's Newark field office lists the New Jersey Division on Civil Rights as a fair employment practices agency, and states that the 180-day filing deadline "is extended to 300 days if there is a state or local anti-discrimination law that covers the location of the alleged harm and the basis for the charge."

The steps between filing and a decision, and how the two routes interact, are on the New Jersey wrongful termination page, which also covers remedies. The New Jersey employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Training and written policies

New Jersey's statutory harassment-training duty is written for State government. Under N.J.S.A. 11A:7-14, "any State employee responsible for managing and investigating complaints of harassment or discrimination shall receive additional training by the New Jersey Attorney General's Advocacy Institute, or another organization with expertise in response to and prevention of sexual violence," and "Each State employee who receives such additional training shall complete a refresher course every three years."

The LAD sections discussed on this page (10:5-5, 10:5-12, 10:5-12.7, 10:5-12.8, 10:5-13 and 10:5-18) contain no requirement that a private employer train employees on harassment or adopt a written anti-harassment policy. Division on Civil Rights regulations adopted August 1, 2022 do require employers to "prominently display" the division's posters "in places easily visible" (N.J.A.C. 13:8-1.2, 1.3, 1.4, 1.5 and 2.2).

NDAs, waivers and settlements

New Jersey limits two kinds of contract terms in harassment matters, both added by P.L.2019, c.39.

Nondisclosure provisions: 10:5-12.8

"A provision in any employment contract or settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment (hereinafter referred to as a 'non-disclosure provision') shall be deemed against public policy and unenforceable against a current or former employee ... who is a party to the contract or settlement. If the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable, then the non-disclosure provision shall also be unenforceable against the employer." (N.J.S.A. 10:5-12.8(a))

The rule protects the employee who is a party to the contract or settlement. It also cuts the other way: once that employee publicly reveals enough detail to make the employer reasonably identifiable, the employer is no longer bound by the provision either.

Subsection (b) requires every settlement agreement resolving a discrimination, retaliation or harassment claim by an employee against an employer to include "a bold, prominently placed notice" of this rule. Subsection (c) keeps an employer free to require an agreement not to compete during or after employment, or not to disclose proprietary information, which "includes only non-public trade secrets, business plan and customer information." P.L.2019, c.39 applies to contracts and agreements "entered into, renewed, modified, or amended on or after" its effective date, March 18, 2019.

Waivers of rights and remedies: 10:5-12.7

N.J.S.A. 10:5-12.7(a) provides that "A provision in any employment contract that waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment shall be deemed against public policy and unenforceable." Subsection (b) adds that "No right or remedy under the 'Law Against Discrimination' ... or any other statute or case law shall be prospectively waived," and subsection (c) says the section "shall not apply to the terms of any collective bargaining agreement between an employer and the collective bargaining representative of the employees." This page does not address how 10:5-12.7 applies to arbitration agreements.

Federal law adds its own limits for sexual harassment disputes: the Speak Out Act makes nondisclosure and nondisparagement clauses agreed to before a sexual harassment dispute arises judicially unenforceable where the conduct is alleged to violate federal, tribal or state law, and the Ending Forced Arbitration Act lets the person alleging sexual harassment elect court over a predispute arbitration agreement; both are explained on the workplace harassment laws hub.

Is workplace bullying illegal in New Jersey?

The LAD reaches harassment because of a trait listed in 10:5-12(a). Its employment provisions contain no rule on general workplace bullying that is unconnected to one of those traits, such as hostility aimed at an employee for reasons unrelated to race, sex, disability or another protected characteristic.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including a conversation with a harasser, are on the New Jersey workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the New Jersey employee monitoring laws page.

Recent changes to New Jersey harassment law

• 2019: P.L.2019, c.39 added N.J.S.A. 10:5-12.7 (waivers of rights and remedies) and 10:5-12.8 (nondisclosure provisions).
• 2019: P.L.2019, c.272 defined race in the LAD to include traits historically associated with race, including hair texture, hair types and protective hairstyles (N.J.S.A. 10:5-5(vv), (ww)).
• 2019: P.L.2019, c.348 added N.J.S.A. 11A:7-14, the training rule for State employees who manage and investigate harassment and discrimination complaints.
• 2023: P.L.2023, c.262 added "hiring entities" as defined in C.34:11-70 to the LAD's definition of employer (10:5-5(e)).
• 2026: P.L.2025, c.307 (approved January 20, 2026, effective immediately) protects an individual's service in the Armed Forces of the United States in the LAD's employment clause, alongside liability for service, and defines that service as active service in the Armed Forces or National Guard or having been discharged or released from it (N.J.S.A. 10:5-12(a), 10:5-5(zz)). P.L.2025, c.251 also amended 10:5-5 and 10:5-12. Neither act changed the employer definition.

Related pages

• Workplace harassment laws by state
• New Jersey wrongful termination
• New Jersey at-will employment laws
• New Jersey employee monitoring laws
• New Jersey workplace recording laws

This article provides general legal information about New Jersey workplace harassment law under the Law Against Discrimination as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Jersey or the New Jersey Division on Civil Rights.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in New Jersey?

Harassment because of a protected trait is unlawful under the Law Against Discrimination, which bars an employer from discriminating in compensation or in terms, conditions or privileges of employment because of that trait (N.J.S.A. 10:5-12(a)). Courts ask whether a reasonable person of the complainant's protected group would find the conduct severe or pervasive enough to alter the conditions of employment (Lehmann, 1993; Taylor, 1998).

Does New Jersey harassment law apply to small employers?

Yes. The LAD's definition of employer includes all persons, starting with one or more individuals, and the State and public bodies, with no minimum number of employees (N.J.S.A. 10:5-5(a), (e)).

How long do you have to file a harassment complaint in New Jersey?

A complaint with the Division on Civil Rights must be filed within 180 days after the alleged act of discrimination (N.J.S.A. 10:5-18). A complainant may instead sue in Superior Court without filing with the division (10:5-13(a)(2)); under Montells v. Haynes (1993), the two-year personal-injury statute, N.J.S.A. 2A:14-2(a), applies to LAD claims.

Can a coworker or supervisor be personally liable for harassment in New Jersey?

N.J.S.A. 10:5-12(e) makes it an unlawful practice for any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce an act the LAD forbids, or to attempt to do so.

Can one incident create a hostile work environment in New Jersey?

In Taylor v. Metzger (1998), the New Jersey Supreme Court stated that a single utterance of an epithet can, under particular circumstances, create a hostile work environment.

Are NDAs about harassment enforceable in New Jersey?

A provision in an employment contract or settlement agreement that has the purpose or effect of concealing the details of a discrimination, retaliation or harassment claim is unenforceable against a current or former employee who is a party to it (N.J.S.A. 10:5-12.8(a)), for contracts and agreements entered into, renewed, modified or amended on or after March 18, 2019. Agreements not to compete or not to disclose proprietary information (non-public trade secrets, business plan and customer information) are not affected (10:5-12.8(c)). If the employee publicly reveals enough detail to make the employer reasonably identifiable, the provision is unenforceable against the employer too.

Does New Jersey require harassment training for private employers?

The LAD's employment sections set no training or written-policy duty for private employers. N.J.S.A. 11A:7-14 requires additional training, with a refresher every three years, for State employees who manage and investigate harassment and discrimination complaints.

Is workplace bullying illegal in New Jersey?

The LAD reaches harassment because of a protected trait such as race, sex or disability. Its employment provisions contain no rule on general workplace bullying unconnected to one of those traits.