Q: Am I able to file a claim against a retailer if I was just a customer and not an employee?
You may be able to do so, especially if the retail establishment is considered a place of public accommodation, such as a shopping mall. The NJ Division on Civil Rights has a poster which states that victims of sexual harassment are protected:
"In public places - when you get or try to get most
types of goods or services, for example, from
shops, restaurants and entertainment places, banks,
lawyers, doctors, hospitals, etc."
You should promptly contact an experienced Discrimination and Harassment attorney, most of whom could handle your case even if, like me, they typically focus on the Employment arena. If you were to bring such a claim at the NJ Division on Civil Rights, you would face a 180 day filing deadline, and the NJ Law Against Discrimination contains a two year deadline for filing in New Jersey Superior Court.
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