Sexual Harassment

New Jersey Appellate Court Strengthens Your Right to Stay in Court When Sexual Harassment Is Part of the Case

January 15, 2026 | by Jonathan I. Nirenberg

If you have ever signed an employment agreement that says all disputes must go to arbitration, you are not alone. Many New Jersey workers sign these clauses on day one, then learn about them only after something goes wrong at work. A new published decision from the New Jersey Appellate Division makes one point much clearer for employees: when you bring a viable sexual harassment claim, you should be able to keep your entire case in court, and not just the harassment claim.

The Takeaway

In McDermott v. Guaranteed Rate, Inc., the Appellate Division held that the federal Ending Forced Arbitration of Sexual Assault and Harassment Act (EFAA), can make a pre-dispute arbitration agreement unenforceable for the whole case, as long as the case includes a viable claim involving sexual harassment or sexual assault. In other words, an employer may not be able to force you to split your claims, with part of your lawsuit in court and the rest in private arbitration, if your case includes a properly pled sexual harassment claim.

This was a matter of first impression in New Jersey, meaning New Jersey appellate courts had not previously issued a published decision on the scope of the EFAA in this context.

New Jersey Court Revives Employee’s Hostile Work Environment Claim

September 26, 2025 | by Jonathan I. Nirenberg

Workers in Bergen County and across New Jersey have the right to a workplace free of harassment. A recent decision from the Appellate Division, Burga v. UniFirst Corp., demonstrates that courts will allow sexual harassment claims to move forward when there is evidence of a hostile work environment and inadequate employer response.

bigstock-Sexual-Harassment-At-Workplace-364241905 This case serves as an important reminder that employees who experience sexual harassment and retaliation can challenge the employer’s actions under the New Jersey Law Against Discrimination (LAD).

The Facts of the Case

Daniela Burga began working for UniFirst Corporation in 2019 as a customer service representative. Her role involved managing client accounts and working closely with route service managers. Four of her assigned routes were supervised by Victor Gomez, a UniFirst manager.

Court Revives Worker’s Sexual Harassment Case Against Employer After Disputed Transfer

July 6, 2025 | by Jonathan I. Nirenberg

If an employer fails to protect its workers from sexual harassment, especially by someone in the same workplace it may be held accountable under New Jersey law. That is the takeaway from a recent appellate decision that reinstated a certified alcohol and drug counselor’s lawsuit against her employer, Center for Family Services (CFS), after she alleged months of harassment by a male caseworker who worked in the same office.

bigstock-Sexual-Harassment-At-Workplace-365528596 Although the counselor, Kristine Bodnar, worked inside a state agency’s office, the Appellate Division held that her actual employer, a nonprofit social services provider contracted to work with the state’s Division of Child Protection and Permanency (DCPP), still could be liable for failing to protect her.

What Happened in the Case?

Kristine Bodnar was employed by CFS and assigned to work on-site at DCPP’s Burlington east office. Ms. Bodnar alleges that Ian Palumbo, a DCPP employee who worked in the same shared workspace, repeatedly harassed her over the course of several months, sending her inappropriate text messages and making unwelcome sexual comments and advances. She also alleges that Mr. Palumbo touched her hair and back, stood too close to her, and made comments and jokes about her supposedly having a sexual relationship with one of her coworkers.

Court Analyzes Prospective Tenant’s Sexual Harassment Claim

December 12, 2023 | by Jonathan I. Nirenberg

In a recent ruling, New Jersey’s Appellate Division recognized that the same basic legal principles that apply to sexual harassment claims in employment under the New Jersey Law Against Discrimination (“LAD”) also apply to sexual harassment claims involving housing discrimination under the LAD. The LAD is a law that prohibits discrimination in the context of both employment and housing.

In November 2019, Sira Traore attempted to lease an apartment for her family and financial assistance from Fairview Homes Preservation, L.P. (“Fairview). She met with Ricardo Mendoza, who was an employee of Related Management Company, L.P. (“Related”), a company that manages and leases apartments on behalf of Fairview.

Ms. Traore claims that when she met with Mr. Mendoza he touched her and pressured her to go to his hotel room to have sex with him in exchange for him providing her a lease for an apartment lease and the housing assistance she was seeking. Ms. Traore did not agree to have sex with Mr. Mendoza, and claims that as a result she did not receive a lease or housing assistance. Ms. Traore recorded her conversation with Mr. Mendoza using her cell phone.

Sexual Assault of Student Can be Sexual Harassment in Violation of New Jersey Law Against Discrimination

September 13, 2023 | by Jonathan I. Nirenberg

Yesterday, the New Jersey Supreme Court ruled that a sexual assault against a student can constitute sexual harassment in violation of the New Jersey Law Against Discrimination (“LAD”).

In addition to prohibiting discrimination in the workplace, the LAD also prohibits it in places of public accommodation, including public schools and school busses. Sexual harassment is a form of discrimination that occurs because of the victim’s sex.

The case involved an individual identified only by her initials, C.V., who was a prekindergarten student in the Waterford Township School District. C.V. was the victim of repeated sexual assaults by her bus aide, Alfred Dean. Mr. Dean ultimately plead guilty to first-degree aggravated sexual assault, and was sentenced to 10 years in prison.

New Law Bans Forced Arbitration of Sexual Harassment and Assault Claims

March 4, 2022 | by Jonathan I. Nirenberg

Arbitration is widely believed to favor big business over individuals. I have written numerous articles about forced arbitration, including cases that enforced arbitration of employment law claims, and ones that overturned such provisions. In my law practice, I have fought against forced arbitration on many occasions.

Yesterday, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. As its name suggest, this law now prohibits forced arbitration of sexual harassment and sexual assault claims. The law received bipartisan support in Congress, a rare feat in the current political climate.

The new statute deems that a person who files a case in which he or she alleges sexual harassment or sexual assault cannot be forced to be bound by an arbitration agreement or class or collective action waiver that he or she entered into before the dispute arose. However, the person asserting the sexual harassment or assault still can chose to enforce an arbitration agreement. Likewise, parties still can agree to enter into arbitration agreements after a dispute involving sexual harassment or sexual assault if that is their preference, and either party can enforce such an agreement.

Court Must Reconsider Whether Sexual Harassment Victim Agreed to Arbitration

November 12, 2021 | by Jonathan I. Nirenberg

A recent decision by New Jersey’s Appellate Division makes it clear that a court must have clear proof an employee agreed to arbitration before an employer can force an employee to arbitrate her case.

Nikki Cordero applied for a job with Fitness International, LLC, also known as LA Fitness International. A few days later, LA Fitness interviewed Ms. Cordero and offered her the position.

On Ms. Cordero’s first day of work, the Gym’s General Manager, Ryan Farley, had her electronically sign a series of documents that he said she needed to sign before she could start her training. According to Ms. Cordero, she did so without seeing what she was signing.

Sexual Harassment Lawsuit Reinstated by New Jersey Appellate Court

August 3, 2021 | by Jonathan I. Nirenberg

One potential defense an employer has in a sexual harassment case is that the employee unreasonably failed to make use of the employer’s anti-harassment policy. A recent New Jersey Appellate Division opinion highlights the fact that this defense does not apply if the harassment led to an adverse employment action, such as the employee being fired, demoted, or suspended without pay.

Ramona McBride worked as a sales trainee for a car dealership, Foulke Management Corp., dba Atlantic Jeep Chrysler Fiat. She alleges her immediate supervisor, sales manager Jack Dellafave, made sexual advances toward her and fired her because she rejected his advances.

The harassment started with Mr. Dellafave sending Ms. McBride text messages in which he told her that he was “attracted” to her, invited her to his hotel room, and offered to pay for her cab ride to his hotel. Ms. McBride declined each of those offers.

Rumors Female Employee Had Affair with Male Superior Can be Sexual Harassment

December 27, 2019 | by Jonathan I. Nirenberg

A recent opinion by New Jersey’s Appellate Division recognizes that false rumors of a sexual relationship between a female employee and a male superior can create a legally actionable hostile work environment.

Jennifer Schiavone is a senior corrections officer for the New Jersey Department of Corrections (“DOC”). In 2013, the DOC assigned Officer Schiavone to work in the Central Control Unit (“Central Control”), which is a desirable job because it does not involve direct contact with inmates.

Shortly after the DOC transferred Officer Schiavone to Central Control, rumors began to spread that she was having an extra-marital affair with a high-level DOC official, “S.D.” Even though Officer Schiavone denied that she was having an affair with S.D., their supposed relationship became the subject of nearly daily conversation at work. For example, on one occasion Officer Julie Houseworth asked Officer Schiavone if she planned to “blow” S.D. Another time, Lieutenant Zsuzsanna Rogoshewski said: “That’s her over there, that’s who’s sleeping with the [high-ranking official],” referring to Officer Schiavone and S.D.

Employees Cannot Waive Punitive Damages Under New Jersey Law Against Discrimination

September 17, 2018 | by Jonathan I. Nirenberg

A recent unpublished opinion from the New Jersey Appellate Division holds that employees cannot waive in advance their right to recover punitive damages under the New Jersey Law Against Discrimination (“LAD”).

Milagros Roman worked for Bergen Logistics LLC as a human resources generalist. She claims that her immediate boss, Human Resources Director Gregg Oliver, made sexual advances toward her. She further alleges that Mr. Oliver retaliated against her by firing her because she complained about the sexual harassment.

Ms. Roman filed a lawsuit against Bergen and Mr. Oliver, claiming they harassed and retaliated against her in violation of the LAD. The defendants filed a motion to dismiss her case and refer it to arbitration. They relied on the fact that when Bergen hired Ms. Roman, she signed an arbitration agreement that required her to resolve any disputes relating to her employment relationship in binding arbitration rather than in court. That agreement includes a provision which states that: “BY SIGNING THIS AGREEMENT YOU AND COMPANY ARE WAIVING ANY RIGHT, STATUTORY OR OTHERWISE, TO A TRIAL BY JURY AND TO PUNITIVE AND EXEMPLARY DAMAGES.”