Diversity, equity, and inclusion can bring value to any workplace, however, discrimination remains a persistent problem at businesses throughout New Jersey. If you believe you have been treated unfairly by your employer because of your race, national origin, gender, or another legally protected characteristic, NJ Employment Lawyers can help.
We have extensive experience handling employment discrimination claims and a track record of achieving positive outcomes in arbitration and court proceedings. When you meet with us, we will take the time to understand your circumstances, explain all your rights, and discuss the legal remedies available to you.
Above all, we will provide you with informed legal representation and guide you through every step of the process. Contact our office today to get started with an experienced New Jersey employment lawyer.
Federal Laws Protect New Jersey Employees Against Discrimination
At NJ Employment Lawyers, we have comprehensive knowledge of the federal laws that protect workers against discrimination, including:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Equal Pay Act
- Pregnancy Discrimination Act (PDA)
- Genetic Information Nondiscrimination Act (GINA) of 2008
- Family and Medical Leave Act (FMLA)
Together, these laws prohibit employers from discriminating against employees based on race, color, national origin, sex, religion, age, disability, pregnancy, sexual orientation, gender identity, and family/caregiver status. In short, it is illegal for employers to make employment decisions (e.g. hiring, compensating, promoting, firing) based on a legally protected characteristic.
In addition, employers cannot legally retaliate against employees who complain about or report discrimination or participate in a related legal proceeding. Notably, sexual harassment is also considered an unlawful form of sex-based discrimination.
Before filing a lawsuit under federal law, you must file a charge (a complaint about discrimination) with the Equal Employment Opportunity Commission (EEOC). If your claim cannot be resolved through the EEOC’s conciliation process, the agency may issue you a right to sue letter. Our legal team is comfortable handling administrative proceedings before the EEOC and will make sure your rights are protected.
Know Your Rights Under New Jersey Employment Law
The New Jersey Law Against Discrimination (NJLAD) provides employees with stronger legal protections against employment discrimination than federal law. This law applies to all private employers in the state (including employment agencies and labor unions), regardless of the number of employees, and covers additional protected characteristics, such as:
- Physical or mental disability
- Marital status
- AIDS or HIV status
- Military service
Moreover, the state’s anti-discrimination law does not require you to pursue an administrative proceeding with the Division of Civil Rights (DCR) before filing a lawsuit. Despite the legal protections available under the NJLAD, employees are often reluctant to come forward. Trust our employment discrimination attorneys to help you stand up for your employment rights.
How To Identify Employment Discrimination
Although federal and state laws make discrimination in the workplace illegal, proving that you have suffered discrimination is challenging. Employment discrimination is rarely overt, employers have the upper hand when making employment decisions, and they know how to disguise their illegal and discriminatory motives as legitimate business decisions.
Nonetheless, common examples of employment discrimination include:
- Refusing to hire a job applicant because of their race, ancestry, caregiver status
- Wrongfully terminating an employee who is 40 years of age or older
- Not selecting a disabled worker for a training program
- Discriminating against an employee or candidate in compensation or any other term, condition, or privilege of employment
In short, discrimination is prohibited in any aspect of employment or hiring in New Jersey. If you suspect that you have been discriminated against based on your protected status, it takes an experienced employment discrination attorney to protect your rights. The sooner you contact our office, the sooner we can start working on your claim.
How NJ Employment Lawyers Can Help With Your Discrimination Claim
Once you become our client, we will handle all the details of your claim, including:
- Conducting an extensive investigation
- Interviewing any witnesses, including hiring managers, supervisors, and coworkers
- Obtaining and reviewing personnel records
- Determining whether prior discrimination claims have been filed against your employer
- Taking over communications with your employer and their attorneys
- Negotiating a fair and just settlement
- Filing an employment discrimination lawsuit
Although discrimination claims are typically settled out of court, we are fully prepared to litigate to achieve the best possible outcome.
Damages We Will Fight For
At NJ Employment Lawyers, we will leverage our skills and experience to help you obtain just compensation, which includes damages such as:
- Back wages
- Front pay
- Lost benefits (e.g. health insurance, retirement benefits)
- Bonus payments
- Pain and suffering
- Emotional distress
- Attorneys’ fees and court costs
If your employer’s conduct was particularly egregious (e.g. failing to stop sexual harassment), you may also be entitled to punitive damages. These damages are awarded as a way to punish the employer’s misconduct and deter other businesses from engaging in similar wrongdoing.
Finally, a court may also award equitable remedies that require your employer to take certain actions. For example, if you were fired for a discriminatory reason, your employer may be required to reinstate you. Not only will we fight to win you just compensation, but also to protect your reputation and your right to earn a living.
Contact Our Experienced New Jersey Employment Discrimination Attorney
At NJ Employment Lawyers, we believe that employment discrimination should be a thing of the past, but we are keenly aware that discrimination is common in many workplaces. The best way to protect your rights is to have the powerful representation we provide. Contact us today to arrange a consultation.