Common Misconceptions About Sexual Harassment in the Workplace

Sexual harassment takes many forms, and all victims deserve justice and protection—but many misconceptions about sexual harassment in the workplace can keep people from speaking up. But understanding the real scope of harassment is the first step toward creating safer, more respectful workplaces.

Is Sexual Harassment Only About Unwanted Touching?

No—sexual harassment is much broader than just unwanted physical touch, though it certainly includes it. Harassment can look like unwelcome comments, lewd jokes, suggestive emails, or even offensive images. If it makes you feel intimidated or uncomfortable at work, it could count as harassment under both federal law (Title VII) and the New Jersey Law Against Discrimination (NJLAD).

Can Harmless “Jokes” Ever Cross the Line?

Absolutely. A joke about someone’s gender or sexuality is not harmless if it creates a hostile or offensive environment. If these remarks occur regularly or make you feel threatened, they qualify as harassment under NJLAD.

Can Harassment Happen When We Work Remotely?

Absolutely. Harassing comments on video calls, offensive messages in group chats, or unwanted texts all count. Employers must also extend their policies to cover virtual workplaces.

Does Harassment Have to Come From My Boss?

Not at all. Harassment can come from anyone, including coworkers, clients, vendors, or contractors. If your employer knows (or should know) and fails to take action, you can still hold them responsible.

Do I Need to Report It Internally Before Taking Legal Action?

You are not legally required to, but informing Human Resources (HR) or your manager can help you build your case. Documenting your complaints shows you gave your employer a chance to fix the problem.

Does Staying Silent Mean I Agreed to It?

Definitely not. Fear of retaliation or losing your job often keeps people quiet. But silence is not consent—and your employer must provide safe, confidential ways to report harassment without fear.

Are My Concerns About Retaliation Justified?

Yes—retaliation is illegal, but unfortunately, it is also common. If you face demotion, pay cuts, or other punishments for speaking up, you can seek reinstatement, back pay, and damages under both Title VII and NJLAD.

Is It Too Late to File a Complaint if the Incident Happened More Than a Year Ago?

Possibly not. In New Jersey, you generally have two years from the last harassing act to file under NJLAD, and at the federal level, you need to file with the Equal Employment Opportunity Commission (EEOC) within 300 days. You should act as soon as possible, but a late claim can still move forward.

Do Small Businesses Have to Follow Harassment Laws?

Yes. New Jersey’s protections apply to nearly all employers—even those with fewer than 15 employees.

Does a Simple Apology End the Employer’s Responsibility?

No. An apology alone is not enough, as far as the law is concerned. Employers must take concrete steps—such as updating policies, providing training, and disciplining offenders—to prevent harassment from occurring again.

Contact Our Bergen County Sexual Harassment Lawyers at Carcich O’Shea

If you believe that you are facing sexual harassment at work, you do not need to navigate the process alone. Get the legal help you need from the Bergen County sexual harassment lawyers at Carcich O’Shea. For an initial consultation, call today at 201-988-1308 or contact us online. Located in Hackensack, New Jersey, we proudly serve clients throughout Bergen County, Edison Township, Middlesex County, Essex County, Morris County, and Passaic County.