Under our New Jersey Law Against Discrimination when you are a victim of workplace harassment or discrimination or retaliation you generally sue the employer and the reason the you sue the employer is because the employer is the entity that put the person over you that did the bad thing. Or the person next to you that did the bad thing.
And if you sue the person that did the bad thing that’s not going to change anyone’s ideas. You’re not going to make your employer more careful the next time if your employer isn’t the one that is responsible. So we actually don’t allow you to sue the individual who harasses or discriminates against you because generally that individual is only part of the problem. It is the employer that failed to train that individual or screen that individual or stop that individual that is and ought to be responsible.
We’re not going to get change unless we make the employers the engines of those changes.
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