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What Is a ‘Hostile Work Environment’ Under N.J. Anti-Bias Law?

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in Discrimination and Harassment,Employment Law,HR Management,Human Resources

by Sandro Polledri

New Jersey’s Law Against Discrimination (LAD) prohibits discrimination against employees because of their “race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for services in the Armed Forces of the United States, disability or nationality.” Like federal laws, the LAD allows employees to bring lawsuits claiming their workplace is a “hostile” working environment.

Hostile environment claims arise when an employee has been subjected to some type of inappropriate or unwelcome conduct, such as unwanted sexual advances or racial epithets.

To violate the LAD, however, those behaviors must be so “severe or pervasive” that they change the employee’s working conditions and create a hostile and abusive work environment.

Employers sometimes defend against those lawsuits by arguing that isolated politically incorrect or off-color...(register to read more)

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