Conflicts in the workplace often occur, and while they may be unpleasant, not every interaction is illegal. However, when that conflict is tied to a protected characteristic, such as race, gender, age or religion, it can cross the line into unlawful conduct.
Two terms commonly used in these situations are “harassment” and “discrimination.” And while they are related, they are not exactly the same according to the law.
Both are illegal
Workplace discrimination occurs when an employee is treated unfairly due to a protected characteristic. These employment decisions can include hiring, promotions, pay or termination.
New Jersey has some of the strictest anti-discrimination laws in the country, expanding on federal protections to include gender identity, relationship status and familial status.
Harassment is a form of discrimination, but it typically involves offensive behavior rather than an employment decision. Harassment becomes illegal when it is based on a protected characteristic and creates a hostile work environment. Misconduct can include verbal comments, jokes, intimidation or other conduct that interferes with the targeted employee’s ability to do their job.
Examples of workplace harassment can include:
- Jokes about a person’s race or religion
- Sexual comments or unwanted advances
- Mocking someone because of a disability
- Derogatory remarks about someone’s age
Harassment and discrimination often overlap, but there are some key distinctions:
- Discrimination usually involves unequal treatment in employment decisions and often results in tangible job consequences, such as demotion, termination or lost opportunities.
- Harassment is offensive behavior or repeated conduct that creates a hostile or abusive work environment.
Harassment can also lead to discriminatory outcomes. If an employee resigns because harassment made the workplace unbearable, it may constitute constructive discharge.
New Jersey prohibits both workplace discrimination and harassment. If you believe you are experiencing unlawful treatment at work, it’s vital to document what is happening. Keep notes about incidents, including dates, locations and witnesses. It’s also helpful to save emails, messages and other pertinent documentation. While many workplaces have internal reporting procedures, some employees feel more comfortable speaking with a legal professional before taking formal action.
