Workplace discrimination is a serious issue that can deeply affect an employee’s well-being and career. Fortunately, New Jersey has strong employment laws in place to protect workers from discrimination based on race, gender, age, disability, religion, and other protected characteristics. Knowing your rights under these laws is crucial if you feel you are being treated unfairly at work.
In this blog, we will explore how New Jersey’s employment law shields you from discrimination, what to do if you experience workplace discrimination, and how a workplace discrimination lawyer can help protect your rights.
Understanding Workplace Discrimination Under New Jersey Employment Law
Workplace discrimination occurs when an employer treats an employee or job applicant unfairly based on certain protected characteristics. In New Jersey, the New Jersey Law Against Discrimination (NJLAD) is the primary law that protects workers from discrimination. The NJLAD makes it illegal for employers to discriminate against employees or applicants on the basis of:
- Race or color
- National origin
- Gender, sexual orientation, or gender identity
- Age
- Disability or medical condition
- Religion or creed
- Marital status
- Pregnancy
- Military status
This means that your employer cannot make employment decisions—such as hiring, firing, promoting, or offering benefits—based on any of these protected characteristics. If you believe that you've been treated unfairly because of one of these traits, New Jersey law gives you the right to take action.
Examples of Workplace Discrimination
Discrimination can take many forms, some of which may be more obvious than others. Here are a few examples of workplace discrimination:
- Refusal to Hire: You apply for a job for which you're qualified, but you’re passed over for the role because of your race, gender, or age.
- Unequal Pay: You and a co-worker perform the same job, but you are paid less because of your gender or another protected characteristic.
- Harassment: You experience ongoing, offensive remarks or jokes about your religion, sexual orientation, or disability, creating a hostile work environment.
- Retaliation: After filing a complaint about discrimination, your employer retaliates by demoting you, reducing your hours, or firing you.
These examples highlight how discrimination can impact different aspects of employment, from hiring practices to workplace culture. If you recognize these behaviors in your workplace, it’s important to take action to protect your rights.
Filing a Complaint for Workplace Discrimination in New Jersey
If you experience workplace discrimination, your first step should be to document everything. Keep a detailed record of the incidents, including dates, times, locations, and any witnesses. Having this documentation is crucial when filing a claim.
Under New Jersey law, employees can file a complaint with the New Jersey Division on Civil Rights (DCR) or pursue a lawsuit in state court. You generally have 180 days from the date of the discriminatory act to file a claim with the DCR, or you have two years if you decide to file a lawsuit in court.
It's important to consult with an experienced employment law attorney before moving forward with either option. A lawyer can help you determine the best course of action based on your specific circumstances.
How New Jersey Law Protects Against Retaliation
Many employees hesitate to report workplace discrimination for fear of retaliation from their employer. However, New Jersey law also prohibits employers from retaliating against employees who file a discrimination claim, participate in an investigation, or oppose discriminatory practices. This means that if you report discrimination, your employer cannot legally demote, fire, or take any other negative action against you for standing up for your rights.
If you face retaliation after reporting discrimination, you may have grounds for a separate legal claim. Consulting a workplace discrimination lawyer can help you understand your rights and the steps you need to take to protect them.
What to Do If You Experience Workplace Discrimination in NJ
Experiencing discrimination at work can be overwhelming, but knowing the steps to take can help you protect yourself and strengthen your case. Here’s what to do if you face discrimination:
- Document the Discrimination: Write down details of the discriminatory behavior, including what happened, when it occurred, and who was involved or witnessed the incident.
- Report the Incident: Check your company’s policy for reporting discrimination. Usually, the first step is to notify your human resources department or your supervisor. If the person discriminating against you is your supervisor, report it to HR or someone in a higher position.
- Consult a New Jersey Employment Law Attorney: Before taking further action, it’s essential to consult with a workplace discrimination lawyer who specializes in New Jersey law. They can evaluate your case, guide you through the complaint process, and represent you if your case goes to court.
- File a Complaint: If internal measures do not resolve the issue, you may need to file a formal complaint with the New Jersey Division on Civil Rights or take legal action in court. A lawyer can help you navigate these options and ensure your case is properly filed.
How an Employment Law Attorney Can Help
Dealing with workplace discrimination can be a complex legal process. While New Jersey laws like the New Jersey Law Against Discrimination (NJLAD) offer robust protection for workers, navigating these laws can be challenging without experienced legal guidance. This is where an experienced workplace discrimination lawyer comes in.
A lawyer can provide valuable assistance, including:
- Case Evaluation: A lawyer can assess the strength of your claim and help you understand your legal options.
- Gathering Evidence: Your attorney will help you collect and organize the necessary evidence to support your case, such as documentation of the incidents, witness statements, and records of communication with your employer.
- Filing a Complaint: Whether you decide to file a complaint with the DCR or pursue a lawsuit in court, an attorney will ensure that all the paperwork is filed correctly and on time.
- Negotiating Settlements: In many cases, discrimination claims can be resolved through a settlement. Your lawyer can negotiate with your employer to reach a fair settlement that compensates you for the discrimination you’ve faced.
- Representation in Court: If your case goes to trial, having an experienced lawyer on your side can make all the difference. They will advocate for your rights and present your case in the strongest way possible.
Contact Lipari & Deiter For Skilled Legal Representation in Your New Jersey Workplace Discrimination Case
If you’ve experienced discrimination in the workplace, you don’t have to go through it alone. The team at Lipari & Deiter is here to help you protect your rights. Our experienced workplace discrimination lawyers will guide you through the legal process, offering the support and guidance you need.
Contact us today to schedule a consultation. Call (609) 645-9400 to learn how we can assist you with your workplace discrimination case.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.