New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A1838

Introduced
1/11/22  

Caption

Requires employers to report certain allegations of sexual assault.

Impact

If enacted, A1838 would significantly alter state laws regarding workplace responses to allegations of sexual assault. Employers who fail to comply with the reporting requirement would face a civil penalty of $10,000, reinforcing the seriousness of the obligation. This measure aims to protect the rights of victims while also emphasizing the responsibility of employers to take action against such serious allegations. The bill enhances the role of county prosecutors by requiring them to appoint advocates to assist victims throughout the investigation process, thereby ensuring that victims have access to necessary resources and support.

Summary

Assembly Bill A1838 mandates that employers in New Jersey report allegations of sexual assault made by employees or consumers against other employees or consumers to the local law enforcement agency or county prosecutor within 24 hours of receiving such reports. The bill aims to improve the response to sexual assault in the workplace and provide better support for victims. By instituting a clear reporting requirement, the bill seeks to ensure that incidents of sexual assault are addressed promptly and that victims receive the necessary support from advocacy services.

Contention

The bill could raise concerns among employers about liabilities and the potential for civil penalties in cases where they either miss reporting due to oversight or interpret the allegations differently. Additionally, discussions around the bill may highlight issues of compliance and the burden it places on businesses, especially smaller employers who might struggle with the requirements. Critics may argue that the bill could lead to an environment where companies might feel pressured to react to allegations quickly, potentially jeopardizing the integrity of the investigation process. Nonetheless, proponents contend that the bill is a crucial step towards fostering safer work environments and providing adequate resources for victims of sexual violence.

Companion Bills

No companion bills found.

Previously Filed As

NJ A1643

Requires employers to report certain allegations of sexual assault.

NJ S3444

Requires employers to report certain allegations of sexual assault.

NJ HB323

Require employers to report sexual assault re: minor employees

NJ HB465

Civil Actions - Immunity - Disclosure of Allegations of Sexually Assaultive Behavior (Stop Silencing Survivors Act)

NJ HB0465

Civil Actions - Immunity - Disclosure of Allegations of Sexually Assaultive Behavior (Stop Silencing Survivors Act)

NJ HB629

Civil Actions - Immunity - Disclosure of Allegations of Sexually Assaultive Behavior (Stop Silencing Survivors Act)

NJ SB549

Civil Actions - Immunity - Disclosure of Allegations of Sexually Assaultive Behavior (Stop Silencing Survivors Act)

NJ SB295

Civil Actions - Immunity - Disclosure of Allegations of Sexually Assaultive Behavior (Stop Silencing Survivors Act)

NJ A4553

Requires sexual assault forensic evidence to be preserved for 10 years.

NJ S4103

Requires sexual assault forensic evidence to be preserved for 10 years.

Similar Bills

TX HB58

Relating to the creation of the office of state special prosecutor.

TX HB4717

Relating to the creation of the office of state special prosecutor.

NJ S3385

Permits transfer of service credit from PERS to Prosecutors Part of PERS under certain circumstances.

NJ S2612

Includes certain employees of the DLPS as members of the Prosecutors Part of PERS.

CA AB1806

Department of Justice.

NJ A1977

Permits service credit in Prosecutors Part of PERS for judicial clerk service; increases salary of Presiding Judge of Appellate Division and county prosecutor; permits retired judges to collect pension while serving as county prosecutor.

NJ S3755

Concerns sexual assault training for prosecutors.