Attorneys Robert W. Smith and Christopher J. Eibeler

Hostile Work Environment

Hostile Work Environment When Harassment Happens - Our New Jersey Employment Lawyers Can Help

Have your co-workers created a hostile work environment based upon your sex, age, race, sexual orientation or national origin? Have you complained to your supervisors, and they refuse to do anything to help and stop the illegal conduct? Are you being subjected to a hostile work environment based upon your sex, disability, sexual orientation, race, national origin or other protected trait? Have you complained to your employer about the harassment, but your employer has not done anything to address the situation and stop it? If so, your rights may have been violated. Our employment attorneys are available to address your rights and advice you of what your employer's obligations under these circumstances.

The New Jersey Law Against Discrimination Protects Employees from a Hostile Work Environment

An employer who has knowledge or should have knowledge of the existence of a hostile work environment is obligated to remediate and stop the harassment. The harassment must be based upon a protected trait such as sex, sexual orientation, disability, race or national origin. When an employer fails to take effective measures to stop the illegal harassment that it knows or should know of, New Jersey law considers that the employer has joined the harasser in making the working environment hostile and sending the harassed employee the message that the harassment is acceptable. In enacting the New Jersey Law Against Discrimination our legislature intended to eradicate the cancer of discrimination for workplaces in New Jersey.

In order to establish a claim based upon a hostile work environment under the New Jersey Law Against Discrimination, a Plaintiff must establish that the complained-of conduct:

  1. would not have occurred but for the employee's protected trait;
  2. it was severe or pervasive enough to make;
  3. a reasonable person of the same protected trait believes that;
  4. the conditions of employment have been altered and the working environment is hostile or abusive.

If you believe you may have been or are currently being subjected to a hostile work environment, feel free to contact us to discuss the specific facts of your workplace situation.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully