Even though the problem of sexual harassment in the workplace has been brought out of the shadows and into the light in recent years, many studies still show that a substantial percentage of victims don’t report their harassers to their employers. Some say they fear they won’t be believed. Others fear they will be believed and will suffer retaliation for speaking up, up to and including losing their jobs.
Regardless of the exact reasons, a failure to report harassment to an employer should not always be an automatic ticket to dismissal of your sexual harassment case and, in New Jersey, it’s not. Under New Jersey law, an employer’s declaration of “We knew nothing and she told us nothing” is not an absolute defense in a sexual harassment lawsuit. If you’ve suffered harassment at work, don’t let your lack of reporting deter you from taking legal action. Contact a skilled New Jersey sexual harassment attorney to learn more about your options.
The case of a North Jersey police lieutenant serves as one recent example of this principle. D.U. had worked for the police department since 1992. The employment was without incident for a long time but, starting in 2013 or 2014, the lieutenant’s direct supervisor, the city’s Director of Police, allegedly started making undesired sexual advances toward D.U. The lieutenant rejected those advances and, according to her complaint, suffered negative workplace consequences. The director allegedly began treating her differently than male peers, began assigning her less desirable duties (patrol work) and began an internal affairs investigation against her.