Workplace issues can be confusing, especially when behavior feels unfair, hostile, or targeted. Two of the most commonly misunderstood legal issues are harassment and workplace discrimination. Although they often overlap, they are not the same under New Jersey and federal employment law.
Understanding the difference is important for employees who may be experiencing mistreatment at work, as well as for employers trying to comply with the law and maintain a safe workplace.
The Law Offices of Leo B. Dubler, III, LLC, helps employees in South Jersey understand their rights and take action when workplace misconduct crosses the line.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because of a legally protected characteristic. In New Jersey, these protections are broad under the New Jersey Law Against Discrimination (NJLAD).
Protected characteristics include, but are not limited to:
- Race or ethnicity
- National origin
- Sex, gender identity, or gender expression
- Sexual orientation
- Disability
- Age
- Religion
- Pregnancy or breastfeeding status
Discrimination can happen at any stage of employment, including:
- Hiring and firing decisions
- Pay and benefits
- Promotions or demotions
- Job assignments
- Training opportunities
Example of Discrimination
An employer refuses to promote a qualified employee because they are over 50, despite strong performance reviews. Even if no hostile behavior occurs, the decision itself may be unlawful discrimination.
What Is Workplace Harassment?
Workplace harassment is a form of discrimination that involves unwelcome conduct based on a protected characteristic. The key difference is that harassment focuses on the behavior and work environment, rather than just employment decisions.
Harassment becomes illegal when it is:
- Severe or pervasive, and
- Creates a hostile work environment, or
- Leads to an adverse employment action (such as termination or demotion)
Harassment can include:
- Offensive jokes or slurs
- Repeated insults or degrading comments
- Intimidation or threats
- Unwanted physical contact
- Displaying offensive images or messages
- Constant ridicule or humiliation
Example of Harassment
A supervisor repeatedly makes derogatory comments about an employee’s religion in front of coworkers, creating a hostile and uncomfortable work environment.
Key Difference: Action vs. Environment
The simplest way to distinguish the two is this:
- Discrimination is about employment decisions made unfairly.
- Harassment is about ongoing conduct that creates a hostile work environment.
However, the two often overlap. Harassment can lead to discriminatory actions, and discriminatory intent can show up through harassment.
For example, if an employee is both mocked because of their disability and later denied promotions because of it, both harassment and discrimination may be present.
What Should You Do If You Experience Harassment or Discrimination in Cherry Hill?
If you believe you are facing unlawful treatment at work, taking the right steps early can make a significant difference:
1. Document Everything
Keep detailed records of incidents, including:
- Dates and times
- What was said or done
- Witnesses present
- Emails, texts, or written communication
2. Report the Behavior Internally
If safe, report the issue to:
- HR department
- A supervisor (if appropriate)
- Company reporting systems
3. Follow Company Procedures
Many employers have formal complaint procedures. Following them helps establish a record of your claim.
4. Seek Legal Guidance
Employment law can be complex, and early legal advice can help protect your rights and preserve evidence.
Cherry Hill Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Will Protect You Against Harassment or Discrimination
If you are experiencing workplace harassment or employment discrimination, you do not have to handle it alone. Whatever issue you are facing at work, the Cherry Hill employment lawyers at The Law Offices of Leo B. Dubler, III, LLC, can provide the experienced counsel you need. You can schedule a free initial consultation with our office by messaging us online or by calling us today at 856-235-7075. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.