If you are dealing with an employment lawsuit or may face litigation for unlawful work practices, you may be wondering what types of evidence are involved in these cases. There are two primary forms of evidence that may be submitted in an employment law case in New Jersey. When a plaintiff, employee, or another individual is called to provide statements about your conduct, this is known as circumstantial evidence. This type of evidence is the most frequently used in employment law cases. When accusations are raised about what you have said or done to another person or group of people in a work setting, this often gives rise to the “he said, she said” scenarios discussed in today’s media coverage.

The other form of workplace harassment occurs when an employee who falls within a protected class of people is subjected to offensive conduct based on this classification. Statutory requirements prohibit harassing behavior based on a person’s physical disability, race, religion, sexual orientation, and many other personal identifying factors. When offensive conduct directed at one or more of the protected groups outlined in the New Jersey Law Against Discrimination (LAD) is so severe or prevalent that it creates a hostile or abusive work environment, this is considered a justifiable reason for legal action.