Discrimination is a pervasive problem in workplaces across the United States. The state of New Jersey is no exception. If you’re experiencing discrimination at your workplace, an experienced Hackensack employment lawyer with NJ Employment Lawyers, LLC can help.
In New Jersey, many laws, statutes, and regulations protect individuals from discrimination based on a range of characteristics. Protected characteristics include:
If you have been denied an opportunity or faced adversity because of one of these characteristics, you deserve justice. A skilled employment law attorney will fight to ensure you receive every dime to which you are entitled. If you have faced discrimination in Hackensack, speak with an employment law attorney at NJ Employment Lawyers.
New Jersey’s Law Against Discrimination
The Law Against Discrimination (LAD) in the state of New Jersey is a comprehensive statute that prohibits discrimination in housing, employment, and other public accommodations. The LAD applies to both public and private employers.
This important piece of state law provides a wide range of protections to employees and individuals in various settings. Most workers have the right to pursue compensation in the aftermath of discrimination.
These tort cases happen when an individual is injured or otherwise harmed because of discriminatory conduct by another party. In New Jersey, there have been many noteworthy discrimination tort cases. These cases have helped to shape the state’s laws and policies regarding discrimination.
One such case is Fuchilla v. Layman, a landmark case that established the standard for proving discrimination under New Jersey’s LAD. In this case, the plaintiff was a police officer.
The plaintiff argued that he was denied a promotion because of his age. The court ruled that he must prove that age was a determining factor in the decision of his employer not to promote him.
Fuchilla v. Layman established the standard for proving discrimination in New Jersey. It has been cited in numerous subsequent cases.
Another important discrimination tort case in New Jersey was L.W. v. Toms River Regional Schools Board of Education. This case addressed discrimination against students with disabilities.
The plaintiff in the case alleged that the school district failed to provide her with appropriate accommodations for her disability. She also claimed that they discriminated against her based on her disability.
The courts ruled that the school district had violated the LAD. Because of this, the courts ordered the school district to provide appropriate accommodations to the plaintiff.
In addition to these cases, there have been many other tort cases in New Jersey that have addressed discrimination in various contexts. When you have been discriminated against, you may be shocked and overwhelmed. For this reason, it is critical to speak with a seasoned employment law attorney to obtain justice in your case.
How to Prove Discrimination in a New Jersey Tort Case
Employment discrimination happens when an employer takes adverse actions against a worker based on their membership in a protected class or characteristic. Proving employment discrimination in New Jersey requires that the plaintiff establishes a prima facie case of discrimination. This can be done by presenting evidence that creates an inference of discrimination.
When you hire a skilled legal professional, they will help you:
Identify the Protected Class
The first step is to identify the protected class to which you belong. Plaintiffs must show they belong to a protected class under the New Jersey LAD.
Show Evidence of Discriminatory Action
The plaintiff must also demonstrate that they suffered an adverse employment action. Common examples of these actions include:
- Termination
- Demotion
- Reductions in pay or benefits
The adverse employment action must be a direct result of discrimination based on their membership in a protected class.
Establish Professional Qualifications
The plaintiff must show they were qualified for the job or position they were seeking or occupying. Doing so requires proof of the plaintiff’s education, work experience, and other relevant qualifications.
Provide Additional Evidence
The plaintiff must also substantiate other factors that suggest discrimination. Common examples include comments made by supervisors or coworkers that are discriminatory in nature.
Claimants may also present evidence that similarly situated employees not in the protected class were treated differently.
Refute the Employer’s Explanation
Once the claimant has established that discrimination occurred, the burden shifts to the employer to provide a legitimate explanation for their actions. Plaintiffs must provide evidence that suggests the employer’s explanation is only a pretext for discrimination.
Prove a Pattern or Practice
In some discrimination cases, claimants may be able to show that the employer engaged in a pattern of discrimination. Proving a pattern of behavior requires evidence of systematic discrimination that goes beyond an isolated event.
Contact a New Jersey Employment Law Attorney Today
Proving employment discrimination in a New Jersey tort case can be challenging, but it is essential to protecting your rights. Speak with a knowledgeable Hackensack, NJ, Employment law attorney by contacting NJ Employment Lawyers as soon as possible!