Can Consensual Relationships At Work Become Sexual Harassment In New Jersey?

A workplace relationship may begin as consensual, but if one person later withdraws consent and the other refuses to respect that boundary, the dynamic can quickly cross into sexual harassment. This often happens when a supervisor, manager or high-ranking company official is involved.

Power Imbalances And Consent

Many harassment cases involve supervisors and subordinates or high-level executives and lower-level employees. In these scenarios, even if the employee did not say “no,” the relationship may not have been truly consensual. Employees often feel pressure to give in to advances to protect their jobs, or they may be told not to report the conduct to HR.

At Phillips & Associates, I have handled numerous cases in which employees felt trapped by this power imbalance, particularly in industries like financial services.

How A Consensual Relationship Can Become Harassment

Even if both parties initially agreed to the relationship, several scenarios can transform the relationship into unlawful harassment under New Jersey law:

• Refusing to accept a breakup: A supervisor or co-worker continues to send messages, make advances or pressure the employee after the relationship ends.
• Linking job security to compliance: The higher-ranking individual suggests that the employee’s job, promotion or raise depends on keeping the relationship going.
• Threats and intimidation: The employee fears being fired, demoted or given poor evaluations if they do not agree to continued sexual activity.
• Retaliation after rejection: Once the employee says “no,” they are excluded from projects, left off important emails or denied opportunities.

These behaviors show how what may have looked like a consensual relationship at the start can quickly evolve into coercion. The law recognizes that true consent cannot exist where there is fear of retaliation or when someone in power uses their authority to pressure a subordinate.

Legal Protections In New Jersey

Importantly, employees do not give up their right to protection from harassment simply because they once agreed to a relationship. The moment it becomes unwelcome, the conduct can be challenged under New Jersey’s Law Against Discrimination (LAD) and federal sexual harassment laws.

When The Relationship Involves A Co-Worker

Relationships between co-workers at the same level are less likely to involve coercion. However, if an employee later withdraws consent and the conduct continues, the situation can still become harassment. Complaining to HR or a supervisor is the appropriate step, though not all companies handle these complaints fairly.

Retaliation After Reporting

Retaliation is one of the most common outcomes employees face after reporting sexual harassment. Retaliation may include:

•      Being excluded from important meetings or projects
•      Removal from key email chains
•      Reduction in hours or shifts
•      Being denied promotions or advancement opportunities
•      Subtle obstacles designed to sideline a career
  

While outright termination does occur, retaliation is often more subtle, especially when the harasser is a high-ranking individual. In many cases, HR departments side with company leadership in order to protect the company.

Why Legal Help Is Critical

Because sexual harassment cases are so deeply personal and difficult to navigate, it’s important to work with an attorney with whom you feel comfortable and can trust.

At Phillips & Associates, I have regularly guided clients through these difficult situations, protecting both their privacy and their careers. 

Given that sexual harassment cases so often involve gray areas, especially when they might start with some degree of consent, clients need a legal partnership rooted in clarity and transparency. I recognize that clients entrust some of the most personal details of their lives to me as an attorney. Still, these personal details can matter significantly. They can affect the strength and value of a case, which is why trust is the backbone of a good legal partnership.

Takeaway

If you believe a workplace relationship in New Jersey has crossed into sexual harassment or if you are experiencing retaliation after reporting misconduct, you may have a legal claim. Phillips & Associates is one of the leading sexual harassment and employment discrimination law firms in New Jersey and New York. Our attorneys are experienced in holding employers accountable and protecting employee rights.