NJ Senate Passes Bill Addressing Sexual Harassment in Political Campaigns
Jul 27, 2021 | Written by: | Share
After several revisions, the New Jersey Senate passed a bill seeking to address sexual harassment in political campaigns. The bill, S3389, was passed by the Senate on June 30, 2021, and promises to tackle “the toxic climate of harassment, sexual violence and misogyny that too often pervades New Jersey’s political culture.” It specifically targets “[p]olitical candidates, campaigns and party organizations” for “suppressing, hiding, or ignoring allegations of sexual misconduct.”
The companion bill is now awaiting action in the NJ Assembly.
Sexual harassment has traditionally been addressed via state and federal statutes like the New Jersey Law Against Discrimination (NJLAD) and Title VII of the Civil Rights Act of 1964. Both laws prohibit employers from engaging in acts of harassment or retaliating against employees who oppose, report, or support the eradication of unlawful practices. While these laws protect employees, addressing sexual harassment in the context of political campaigns is more complicated and has proven to be a loophole in state law that affects campaign workers, volunteers, and lobbyists.
The bill would require campaigns and political parties to implement policies, hold training sessions and designate a point person to handle complaints. The legislation would also create the Office of Discrimination and Harassment Prevention (ODHP) within the New Jersey Election Law Enforcement Commission. The ODHP would bear the responsibility of investigating allegations of sexual harassment against political candidates, their staff members, members of political party committees, and other individuals involved in or close to political campaigns, including lobbyists and members of the press. The ODHP would consist of at least one director and two investigators, who would be charged with developing training for campaigns and receiving complaints by phone or through a website.
After a complaint is filed, an 11-member board will advise the ODHP if a complaint warrants action. Complaints “may involve law enforcement, when appropriate, for instances involving bodily harm or serious bodily harm,” according to the bill.
Individuals who violate the law would face fines of up to $500, and campaigns that don’t comply could be fined an indeterminate amount.
Leslie A. Parikh, Esq., is a partner with Gebhardt & Kiefer, PC. She practices primarily in the areas of employment law, civil rights litigation, municipal law, insurance defense, and the representation of public entities in both State and Federal Court. Contact Ms. Parikh at 908-735-5161 or via email.
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