[COMPANY NAME]
WORKPLACE ANTI-HARASSMENT POLICY
(State of New Jersey)
Effective Date: [EFFECTIVE DATE]
TABLE OF CONTENTS
- Document Header
- Definitions
- Policy Statement & Scope
- Prohibited Conduct
- Training Requirements
- Reporting Procedures
- Investigation Protocols
- Corrective Action & Remedies
- Retaliation Prohibition
- Risk Allocation
- Recordkeeping
- Dispute Resolution
- General Provisions
- Acknowledgment & Execution
1. DOCUMENT HEADER
This Workplace Anti-Harassment Policy (the “Policy”) is adopted by [COMPANY NAME], a [STATE OF INCORPORATION] [ENTITY TYPE] (the “Company”), for distribution to and acknowledgement by all Employees (as defined below) working at any Company worksite located within the State of New Jersey.
WHEREAS, the Company desires to maintain a work environment free of unlawful harassment, discrimination, and retaliation; and
WHEREAS, the Company is subject to, and intends to comply with, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the New Jersey Law Against Discrimination (“LAD”), N.J. Stat. Ann. § 10:5-1 et seq., and all other applicable federal, state, and local laws prohibiting workplace harassment;
NOW, THEREFORE, the Company hereby establishes the following Policy effective as of the date first written above.
[// GUIDANCE: Insert corporate resolution reference or board approval language if required by internal governance.]
2. DEFINITIONS
For purposes of this Policy, capitalized terms have the following meanings. Defined terms are listed alphabetically for ease of reference.
“Complainant” – The Employee or other covered individual who reports or is reported to have experienced Prohibited Conduct.
“Employee” – Any person employed by the Company, including temporary, part-time, seasonal, leased, and intern workers, as well as supervisors and managers.
“Harassment” – Unwelcome verbal, visual, or physical conduct based on a Protected Characteristic that either (a) explicitly or implicitly affects an individual’s terms or conditions of employment, (b) unreasonably interferes with work performance, or (c) creates an intimidating, hostile, or offensive work environment.
“Protected Characteristic” – Any characteristic protected under applicable law, including but not limited to race, color, creed, religion, sex, pregnancy, sexual orientation, gender identity or expression, national origin, ancestry, disability, marital status, civil union status, domestic partnership status, age, genetic information, military service, or any other legally protected status.
“Prohibited Conduct” – Harassment, discrimination, or retaliation in violation of this Policy or applicable law.
“Respondent” – The individual(s) alleged to have engaged in Prohibited Conduct.
“Retaliation” – Any adverse action taken against an individual for reporting Harassment or participating in an investigation, complaint, or proceeding related to this Policy.
3. POLICY STATEMENT & SCOPE
3.1 Zero-Tolerance Commitment. The Company strictly prohibits all forms of Harassment and Retaliation, whether committed by Employees, supervisors, managers, customers, vendors, or other third parties in connection with Company business.
3.2 Applicability. This Policy applies to:
a. All Employees, regardless of position or tenure;
b. All Company facilities, client sites, off-site meetings, events, travel, and electronic communications systems; and
c. All work-related interactions, whether on or off duty.
3.3 Superseding Law. Where this Policy provides greater protection than applicable law, the Policy shall govern; where applicable law affords greater protection, such law shall prevail.
4. PROHIBITED CONDUCT
4.1 Examples of Sexual Harassment (non-exhaustive):
• Unwelcome sexual advances or requests for sexual favors;
• Offensive remarks about a person’s sex, sexual orientation, or gender identity;
• Display of sexually suggestive materials;
• Quid pro quo propositions linking employment benefits to sexual cooperation.
4.2 Examples of Other Harassment (non-exhaustive):
• Epithets, slurs, or negative stereotyping based on a Protected Characteristic;
• Threatening, intimidating, or hostile acts;
• Jokes or teasing that demean or show hostility;
• Sabotaging work because of an individual’s Protected Characteristic.
5. TRAINING REQUIREMENTS (NEW JERSEY)
5.1 Mandatory Interactive Training.
a. All Employees shall complete an interactive anti-harassment training program within ninety (90) days of hire and at least once every twelve (12) months thereafter.
b. Supervisors and managers shall receive additional training on:
i. Duty to prevent, identify, and correct Harassment;
ii. Obligations under N.J. Stat. Ann. § 10:5-12;
iii. Proper handling of complaints and avoidance of Retaliation.
5.2 Record of Completion. The Company shall maintain written or electronic records of Employee training completions for a minimum of three (3) years.
[// GUIDANCE: Although NJ currently recommends rather than mandates private-sector training, many employers adopt mandatory programs to mitigate risk. Modify Section 5 to align with evolving NJ Division on Civil Rights (“DCR”) guidance or any future statutory mandate.]
6. REPORTING PROCEDURES
6.1 Internal Reporting Channels. An Employee who believes they have been subjected to Prohibited Conduct should promptly notify any of the following:
a. Their direct supervisor;
b. Any manager in their reporting line;
c. Human Resources (“HR”) at [HR EMAIL / PHONE]; or
d. The Company’s confidential hotline at [HOTLINE NUMBER].
6.2 Optional Written Complaint. Employees may submit a written complaint using the Anti-Harassment Complaint Form attached as Exhibit A.
6.3 Supervisor/Manager Duty to Act. Any supervisor or manager who observes or becomes aware of Prohibited Conduct must immediately report it to HR, irrespective of whether a formal complaint is made.
6.4 Bypass Option. If the alleged harasser is in the Employee’s supervisory chain, the Employee may bypass that individual and report directly to HR or any executive officer.
7. INVESTIGATION PROTOCOLS
7.1 Timely & Impartial Investigation. The Company shall commence an investigation within five (5) business days of receiving a complaint and shall ensure the investigation is prompt, thorough, and impartial.
7.2 Investigator Qualifications. Investigations shall be conducted by HR personnel or an external investigator trained in workplace investigations and familiar with New Jersey employment law.
7.3 Due Process.
a. Both Complainant and Respondent shall be afforded the opportunity to present relevant evidence and identify witnesses.
b. Investigations shall be conducted in a manner that preserves confidentiality to the extent feasible.
7.4 Findings & Determination. The investigator shall prepare a written report summarizing findings and recommending corrective action, if any, to the designated decision-maker.
7.5 Communication of Outcome. The Company will inform the Complainant and Respondent, in writing, whether the allegations were substantiated and describe any remedial steps taken, consistent with privacy obligations.
8. CORRECTIVE ACTION & REMEDIES
8.1 Disciplinary Measures. If Prohibited Conduct is substantiated, the Company may impose discipline up to and including termination of employment.
8.2 Non-Disciplinary Remedies. Where appropriate, the Company may implement:
• Employee counseling or training;
• Reassignment or schedule changes;
• No-contact directives;
• Policy revisions.
8.3 Escalating Consequences. Repeated violations or failure to comply with corrective directives shall result in increasingly severe discipline.
9. RETALIATION PROHIBITION
9.1 Absolute Ban. Retaliation against any individual for good-faith reporting or participation in an investigation is strictly prohibited.
9.2 Reporting Retaliation. Incidents of Retaliation shall be reported using the procedures in Section 6 and will be investigated and remedied in accordance with Section 7.
10. RISK ALLOCATION
10.1 Employer Liability & Indemnification. The Company shall assume liability for any unlawful Harassment committed by supervisors or managers in accordance with N.J. Stat. Ann. § 10:5-12, subject to statutory caps and defenses.
10.2 Limitation of Liability. Nothing in this Policy expands or restricts liability beyond the remedies and damages permitted under applicable law, including any statutory limits on punitive or compensatory damages.
10.3 Insurance. The Company shall maintain Employment Practices Liability Insurance (“EPLI”) with limits not less than [AMOUNT] per claim.
[// GUIDANCE: Verify EPLI coverage terms for defense-within-limits, consent-to-settle, and wage-and-hour exclusions.]
11. RECORDKEEPING
The Company will maintain for at least five (5) years:
• Complaint records;
• Investigation reports;
• Training records; and
• Documentation of corrective actions.
12. DISPUTE RESOLUTION
12.1 Governing Law. This Policy shall be construed in accordance with the laws of the State of New Jersey, without regard to conflict-of-laws principles.
12.2 Forum Selection. Except as otherwise mandated by law, any civil action arising out of or related to this Policy shall be brought exclusively in the state courts of competent jurisdiction located in [COUNTY], New Jersey.
12.3 Limited Arbitration. The Company and Employees may mutually agree in writing to arbitrate workplace disputes other than claims arising under the LAD or any statute that renders mandatory arbitration agreements unenforceable. Any permissible arbitration shall be conducted under the JAMS Employment Arbitration Rules, with the Company bearing the forum fees.
12.4 Jury Trial. Nothing in this Policy shall be construed to waive any Employee’s constitutional right to a jury trial where such right exists.
12.5 Injunctive Relief. The Company reserves the right to seek injunctive or other equitable relief to prevent imminent or ongoing Prohibited Conduct.
13. GENERAL PROVISIONS
13.1 Amendment & Waiver. The Company may amend this Policy at any time upon written notice to Employees. No waiver of any provision shall be effective unless in writing and signed by an authorized Company representative.
13.2 Severability. If any provision of this Policy is held unenforceable, the remaining provisions shall remain in full force and effect.
13.3 Integration. This Policy supersedes all prior anti-harassment policies and practices of the Company.
13.4 Distribution. A copy of this Policy shall be distributed to all Employees and posted conspicuously at each New Jersey worksite and on the Company intranet.
13.5 Acknowledgment. Employees must sign the acknowledgment in Section 14 within seven (7) days of receipt.
14. ACKNOWLEDGMENT & EXECUTION
I acknowledge that I have received, read, and understand the [COMPANY NAME] Workplace Anti-Harassment Policy and agree to comply with its terms.
| Employee Name (print): | _______ |
| Employee Signature: | _______ |
| Date: | ______ |
| For the Company: | _______ |
| Name / Title: | _______ |
| Date: | ______ |
Exhibit A
Anti-Harassment Complaint Form
[Attach standardized complaint form with fields for complainant information, description of conduct, witness list, and signature.]
[// GUIDANCE: Include translation versions if the workforce includes significant non-English-speaking populations to ensure effective notice under LAD.]