Workplace discrimination can shatter careers and create a hostile environment, leaving employees feeling powerless. In New Jersey, strong legal protections exist to combat discriminatory practices. If you’re wondering, “Am I being discriminated against at work?”, understanding your rights and the legal remedies available is critical.
This guide explores the ins and outs of workplace discrimination, including protected classes, examples of discriminatory practices, and actionable steps employees can take to protect themselves.
How Workplace Discrimination Is Defined Under the Law
Workplace discrimination occurs when an employer treats an employee or job applicant unfairly based on specific protected characteristics. These actions violate both federal laws, like Title VII of the Civil Rights Act, and New Jersey’s Law Against Discrimination (NJLAD).
Common Signs of Discriminatory Practices on the Job
- Involves biased treatment during hiring, firing, promotions, salary decisions, or daily workplace interactions.
- Applies to various forms of employment, including full-time, part-time, and contractual positions.
- Often manifests subtly, making it crucial for employees to recognize discriminatory patterns.
If you believe you’re facing inequitable treatment, consulting a workplace discrimination lawyer can help you determine whether you have a case.
Who Is Protected from Workplace Discrimination in NJ?
New Jersey’s Law Against Discrimination (NJLAD) goes beyond federal protections by safeguarding employees in a broader range of categories. Employers cannot discriminate based on:
- Race and Ethnicity: Ensures equal treatment regardless of racial or ethnic background.
- Gender and Gender Identity: Protects individuals from sexism and discrimination based on gender expression or identity.
- Age: Safeguards employees aged 18 and older.
- Disability: Includes physical, mental, or perceived disabilities.
- Religion: Protects employees from religious bias, including accommodating religious practices.
- Sexual Orientation: Protects people of all sexual orientations from unfair treatment, ensuring everyone is treated with respect.
- Marital Status: Prohibits discrimination against single, married, divorced, or widowed individuals.
- Pregnancy: Prevents bias against pregnant employees or those with related medical conditions.
By understanding these protected classes, employees can better identify whether their rights are being violated.
What Workplace Discrimination Might Look Like in Practice
Sometimes, discrimination is overt; other times, it’s subtle and harder to detect. Let’s examine some examples to illustrate common scenarios:
- Racial Discrimination: A qualified employee is consistently passed over for promotions in favor of less experienced colleagues of other races.
- Gender Discrimination: A female employee discovers that male coworkers in the same role with similar experience earn significantly higher salaries.
- Age Discrimination: An older worker is pressured to retire early and replaced by a younger, less-qualified individual.
- Disability Discrimination: An employer refuses to provide reasonable accommodations, such as modified work hours, for an employee with a chronic illness.
- Religious Discrimination: A worker’s request for schedule adjustments to observe religious holidays is denied, while similar requests from others are granted.
Recognizing these behaviors can help employees determine whether their experiences warrant legal action.
What to Do If You’re Facing Discrimination at Work
If you believe you’re being discriminated against at work, taking the right steps is essential to protect your rights and build a strong case. Here’s what to do:
- Document Everything: Keep a detailed record of incidents, including dates, times, locations, and the names of those involved. Save emails, text messages, and other communications that support your claim.
- Review Company Policies: Familiarize yourself with your employer’s anti-discrimination policies and reporting procedures.
- File an Internal Complaint: Report the issue to your HR department or a designated workplace authority. Submit your complaint in writing and retain a copy for your records.
- Seek Legal Guidance: Consult a New Jersey workplace discrimination lawyer to evaluate your situation and understand your legal options.
- File a Formal Complaint: If internal remedies fail, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or New Jersey’s Division on Civil Rights.
- Pursue Legal Action: A workplace discrimination lawyer can help you file a lawsuit to recover damages for lost wages, emotional distress, and more.
Taking these steps ensures you’re prepared to address discrimination effectively.
Your Legal Options If You’ve Been Discriminated Against
New Jersey offers robust legal remedies for employees facing workplace discrimination. Here are some potential outcomes of a successful claim:
- Compensation for Damages: Recover lost wages, including back pay and front pay. Seek damages for emotional distress caused by the discrimination.
- Reinstatement: In cases of wrongful termination, courts may order the employer to reinstate the employee.
- Policy Changes: Employers may be required to implement anti-discrimination training or modify workplace policies to prevent future issues.
- Attorney Fees: Courts may order the employer to cover your legal expenses.
Legal remedies not only address individual grievances but also promote fair workplace practices.
How a New Jersey Employment Lawyer Can Help You
Navigating a discrimination case can be daunting, but partnering with an employment law attorney ensures your rights are protected. Here’s how a workplace discrimination lawyer can help:
- Case Evaluation: Assess your evidence and determine whether you have a viable workplace discrimination case.
- Guidance on Legal Procedures: Help you file complaints with the appropriate agencies and meet all deadlines.
- Negotiation: Work with your employer’s legal team to reach a fair settlement.
- Court Representation: Advocate on your behalf if your case goes to trial.
Having legal representation increases the likelihood of a favorable outcome while alleviating the stress of managing a complex process on your own.
Best Practices to Stop Workplace Discrimination Before It Starts
Employers and employees both play roles in fostering inclusive and equitable workplaces. Here are some tips for prevention:
For Employers
- Develop clear guidelines outlining respectful workplace behavior and zero tolerance for discrimination.
- Host workshops to educate employees on fostering inclusivity and recognizing bias.
- Create a safe and anonymous system for reporting concerns and ensure timely investigation and resolution of complaints.
For Employees
- Stay informed about your rights under state and federal laws.
- Speak up against discriminatory practices when you witness them.
- Encourage a culture of respect in your workplace.
Proactive measures can create environments where everyone feels valued and respected.
Facing Discrimination at Work? Contact Lipari & Deiter for Help
Workplace discrimination can have lasting effects on your career and emotional well-being. If you’re asking, “Do I have a workplace discrimination case?” or wondering how to address inequities at work, the legal team at Lipari & Deiter is here to help. Our experienced workplace discrimination lawyers are dedicated to fighting for your rights and securing the justice you’re seeking.
Contact us today at 609.645.9400 for a free consultation. Don’t let workplace discrimination hold you back – Take action now to protect your future and create a fairer workplace for all. We represent clients in Atlantic City, Hammonton, Egg Harbor Township, Weymouth, and the surrounding areas.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.