Legal Question in Sexual Harassment in New Jersey

Retaliatory Sexual Harrassment Charges

An emotionally fragile co-worker was instructed by the division head to go to HR and seek a transfer. When questioned as to the reason for her request she related incidents that made her feel she was being treated unfairly by him and attempts to discuss the matter with him were met with his dismissing her from his office. HS filed unfair treatment charges against her immediate supervisor but in her name. When the supervisor learned of it he compiled emails she had sent him over time asking to meet with him to solve the issues at hand since he wouldn't discuss it in the office. He has produced those emails along with allegations that she stalked him and is now charging her with sexual harrassment. He never confronted her regarding the emails or alledged stalking and when she was interviewed by HR they made no mention of her claim but focussed entirely on his allegations. Frankly, this woman is my neice and I work in the same office as she and he. I know of his unfair treatment of her including instructing the IT dept not to fix any of her equipment when it breaks down, calling her ''garbage'' and sending hateful emails to her which she neglected to print out. Can an supervisor bring those kinds of charges against a subordinent?


Asked on 10/21/05, 3:42 pm

1 Answer from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Retaliatory Sexual Harrassment Charges

A claim of sexual harassment can be brought by anyone, a supervisor, co-worker, colleague, or subordinate. However, if your neice believes that she is working in a hostile work environment, or that she has been treated unfairly based on her gender then she should file a claim with her Human Resources Department, and with the EEOC.

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Answered on 10/21/05, 4:10 pm


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